Briaheen Thomas v. Deputy Superintendent Tice, Deputy Garman, Ccpm Miller

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_
No. 18-1811
________________
BRIAHEEN THOMAS,
Appellant,
v.
DEPUTY SUPERINTENDENT TICE, DEPUTY GARMAN,
CCPM MILLER, and MAJOR HALDERMAN
_
(Civ. Action No. 4-16-cv-01487)
_
SUR PETITION FOR PANEL REHEARING
AND REHEARING EN BANC
Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN,
HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS,
PORTER, MATEY and PHIPPS, Circuit Judges
The petition for rehearing filed by Appellant in the above-entitled case having
been submitted to the judges who participated in the decision of this Court and a majority
of the judges who participated in the decision of the Court having voted for rehearing, it
is hereby ORDERED that the petition for panel rehearing is GRANTED. The opinion
and judgment filed November 12, 2019 are hereby VACATED. An amended opinion1
and judgment will be filed contemporaneously with this order.
1 The majority has made changes to the language that appeared at pages 6 and 11 of the
original opinion.

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.
A majority of the judges of the circuit in regular service not having voted for
rehearing, the petition for rehearing by the Court en banc is DENIED. Judges McKee,
Greenaway and Restrepo voted for rehearing en banc.
BY THE COURT,
s/ David J. Porter
Circuit Judge
Date: January 15, 2020
PDB/cc: All Counsel of Record

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