Von Clark Davis v. CHARLOTTE JENKINS, Warden

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 23a0253p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
VON CLARK DAVIS,
Petitioner-Appellant,
v.
CHARLOTTE JENKINS, Warden,
Respondent-Appellee.
┐
│
│
│
│
│
│
│
┘
No. 21-3404
On Petition for Rehearing En Banc.
United States District Court for the Southern District of Ohio at Columbus.
No. 2:16-cv-00495—Susan J. Dlott, District Judge.
Decided and Filed: November 20, 2023
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, DAVIS and MATHIS, Circuit Judges.*
_________________
COUNSEL
ON PETITION FOR REHEARING EN BANC: Michael J. Hendershot, Jana M. Bosch,
Stephen E. Maher, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for
Appellee. ON RESPONSE: Erin G. Barnhart, Jordan S. Berman, OFFICE OF THE FEDERAL
PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for
Appellant.
*Judge Murphy and Judge Bloomekatz recused themselves from participation in this case.
>

-- 1 of 2 --

No. 21-3404 Davis v. Jenkins Page 2
_________________
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:
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

-- 2 of 2 --