I Nre : Ohio Execution Protocol . Angelo Fears v. Donald Morgan

RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 17a0095p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
I N RE : O HIO EXECUTION P ROTOCOL .
___________________________________________
A NGELO FEARS, et al.,
Plaintiffs,
G ARY O TTE ; RONALD P HILLIPS; RAYMOND TIBBETTS,
Plaintiffs-Appellees,
v.
D ONALD M ORGAN, et al.,
Defendants-Appellants.
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No. 17-3076
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:11-cv-01016—Michael R. Merz, Magistrate Judge.
Decided and Filed: April 25, 2017
Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS,
ROGERS, SUTTON, McKEAGUE, GRIFFIN, KETHLEDGE,
WHITE, STRANCH, and DONALD, Circuit Judges.
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ORDER
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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.
*Judge Cook recused herself in this case.
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No. 17-3076 Ohio Execution Protocol Litig. Page 2
Accordingly, it is ORDERED, that the previous opinion 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; this matter is scheduled for
oral argument on June 14, 2017.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk

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