RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 23a0032p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ SAMUEL FIELDS, │ Petitioner-Appellant, │ > No. 17-5065 │ v. │ │ SCOTT JORDAN, Warden, │ Respondent-Appellee. │ ┘

On Petition for Rehearing En Banc United States District Court for the Eastern District of Kentucky at Pikeville. No. 7:15-cv-00038—Karen K. Caldwell, District Judge.

Decided and Filed: February 22, 2023

Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, and MATHIS, Circuit Judges.* _________________

COUNSEL

ON PETITION FOR REHEARING EN BANC: Matthew F. Kuhn, OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON RESPONSE: Daniel E. Kirsch, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Kansas City, Missouri, for Appellant. _________________

ORDER _________________

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

* Judge Thapar recused himself from participation in this decision. No. 17-5065 Fields v. Jordan Page 2

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

ENTERED BY ORDER OF THE COURT

___________________________________ Deborah S. Hunt, Clerk