Samuel Fields v. SCOTT JORDAN, Warden

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 23a0032p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
SAMUEL FIELDS,
Petitioner-Appellant,
v.
SCOTT JORDAN, Warden,
Respondent-Appellee.
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No. 17-5065
On Petition for Rehearing En Banc
United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:15-cv-00038—Karen K. Caldwell, District Judge.
Decided and Filed: February 22, 2023
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE,
STRANCH, BUSH, LARSEN, NALBANDIAN, READLER,
MURPHY, DAVIS, and MATHIS, Circuit Judges.*
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COUNSEL
ON PETITION FOR REHEARING EN BANC: Matthew F. Kuhn, OFFICE OF THE
KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON RESPONSE:
Daniel E. Kirsch, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Kansas City, Missouri,
for Appellant.
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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:
*Judge Thapar recused himself from participation in this decision.
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No. 17-5065 Fields v. Jordan 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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