William Glenn Rogers v. TONY MAYS, Warden

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 22a0262p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
WILLIAM GLENN ROGERS,
Petitioner-Appellant,
v.
TONY MAYS, Warden,
Respondent-Appellee.
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No. 19-5427
On Petition for Rehearing En Banc
United States District Court for the Middle District of Tennessee at Nashville;
No. 3:13-cv-00141—Waverly D. Crenshaw, Jr., District Judge.
Decided and Filed: December 6, 2022
Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS,
GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN,
NALBANDIAN, READLER, MURPHY, DAVIS, and MATHIS, Circuit Judges.
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COUNSEL
ON PETITION FOR REHEARING EN BANC: J. Matthew Rice, OFFICE OF THE
TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON RESPONSE:
Kelley J. Henry, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee,
Kimberly S. Hodde, HODDE & ASSOCIATES, Nashville, Tennessee, for Appellant.
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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:
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No. 19-5427 Rogers v. Mays 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
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Deborah S. Hunt, Clerk

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