RECOMMENDED FOR PUBLICATION
                                     Pursuant to Sixth Circuit I.O.P. 32.1(b)
                                            File Name: 23a0253p.06

                       UNITED STATES COURT OF APPEALS
                                        FOR THE SIXTH CIRCUIT



                                                                  ┐
 VON CLARK DAVIS,
                                                                  │
                                       Petitioner-Appellant,      │
                                                                   >        No. 21-3404
                                                                  │
          v.                                                      │
                                                                  │
 CHARLOTTE JENKINS, Warden,                                       │
                                      Respondent-Appellee.        │
                                                                  ┘

                                   On Petition for Rehearing En Banc.
               United States District Court for the Southern District of Ohio at Columbus.
                           No. 2:16-cv-00495—Susan J. Dlott, District Judge.

                                 Decided and Filed: November 20, 2023

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

                                                 COUNSEL

ON PETITION FOR REHEARING EN BANC: Michael J. Hendershot, Jana M. Bosch,
Stephen E. Maher, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for
Appellee. ON RESPONSE: Erin G. Barnhart, Jordan S. Berman, OFFICE OF THE FEDERAL
PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for
Appellant.




      *
          Judge Murphy and Judge Bloomekatz recused themselves from participation in this case.
 No. 21-3404                              Davis v. Jenkins                                 Page 2


                                        _________________

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:

       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




                                               ___________________________________
                                               Kelly L. Stephens, Clerk