Holloway v. State, 96-3732

Page 236

197 F.3d 236 (6th Cir. 1999)

Sammye R. Holloway, Plaintiff-Appellant, v. State of Ohio, et al, Defendants-Appellees.

No. 96-3732

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

July 29, 1999

Before: MARTIN, Chief Judge; MERRITT, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

Prior Report - 179 F.3d 431

ORDER

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth circuit Rule 35(a) 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.

It is further ORDERED that the appellant file a supplemental brief not later than...