Benny Lee Hodge v. LAURA PLAPPERT, Interim Warden

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 24a0116p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
BENNY LEE HODGE,
Petitioner-Appellant,
v.
LAURA PLAPPERT, Interim Warden,
Respondent-Appellee.
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No. 17-6032
On Petition for Rehearing En Banc.
United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:13-cv-00005—David L. Bunning, District Judge.
Decided and Filed: May 21, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges.
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COUNSEL
ON PETITION FOR REHEARING EN BANC: Matthew F. Kuhn, Jacob M. Abrahamson,
OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for
Appellee. ON RESPONSE: Dennis J. Burke, DEPARTMENT OF PUBLIC ADVOCACY,
LaGrange, Kentucky, Luke P. Ihnen, FEDERAL DEFENDER SERVICES OF EASTERN
TENNESSEE, INC., Knoxville, 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. 17-6032 Hodge v. Plappert 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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Kelly L. Stephens, Clerk

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