RECOMMENDED FOR PUBLICATION
                                   Pursuant to Sixth Circuit I.O.P. 32.1(b)
                                          File Name: 24a0116p.06

                       UNITED STATES COURT OF APPEALS
                                      FOR THE SIXTH CIRCUIT



                                                                ┐
 BENNY LEE HODGE,
                                                                │
                                    Petitioner-Appellant,       │
                                                                 >        No. 17-6032
                                                                │
        v.                                                      │
                                                                │
 LAURA PLAPPERT, Interim Warden,                                │
                              Respondent-Appellee.              │
                                                                ┘

                                  On Petition for Rehearing En Banc.
             United States District Court for the Eastern District of Kentucky at Pikeville.
                       No. 7:13-cv-00005—David L. Bunning, District Judge.

                                  Decided and Filed: May 21, 2024

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

                                         _________________

                                               COUNSEL

ON PETITION FOR REHEARING EN BANC: Matthew F. Kuhn, Jacob M. Abrahamson,
OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for
Appellee. ON RESPONSE: Dennis J. Burke, DEPARTMENT OF PUBLIC ADVOCACY,
LaGrange, Kentucky, Luke P. Ihnen, FEDERAL DEFENDER SERVICES OF EASTERN
TENNESSEE, INC., Knoxville, Tennessee, 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:
 No. 17-6032                            Hodge v. Plappert                                  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




                                              ___________________________________
                                              Kelly L. Stephens, Clerk