BRYANT III v. STEPHAN (2021)

United States Court of Appeals, Fourth Circuit.

James Nathaniel BRYANT, III, Petitioner - Appellee, v. Warden Michael STEPHAN, Broad River Correctional Institution; Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, Respondents - Appellants.

No. 20-4

Decided: November 15, 2021

Before GREGORY, Chief Judge, WILKINSON, NIEMEYER, MOTZ, KING, AGEE, WYNN, DIAZ, FLOYD, THACKER, HARRIS, RICHARDSON, QUATTLEBAUM, and RUSHING, Circuit Judges.

ARGUED: Michael Douglas Ross, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellants. Lindsey S. Vann, JUSTICE 360, Columbia, South Carolina, for Appellee. ON BRIEF: Alan Wilson, Attorney General, Donald J. Zelenka, Deputy Attorney General, Melody J. Brown, Senior Assistant Deputy Attorney General, Caroline Scrantom, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellants. Elizabeth Franklin-Best, ELIZABETH FRANKLIN-BEST, P.C., Columbia, South Carolina, for Appellee.

ON REHEARING EN BANC

On rehearing en banc, the panel opinions in Bryant v. Stephan, 998 F.3d 128 (4th Cir. 2021), are vacated, and the judgment of the district court is affirmed by an equally divided court.

AFFIRMED

PER CURIAM

Affirmed by published per curiam opinion.

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