IN RE: Frederick H. BANKS (2018)

United States Court of Appeals, Third Circuit.

IN RE: Frederick H. BANKS, Petitioner

No. 18-1014

Decided: September 24, 2018

Present: MCKEE, VANASKIE, and SCIRICA, Circuit Judges Frederick H. Banks, Pro Se Laura S. Irwin, Esq., Michael L. Ivory, Esq., Office of United States Attorney, Pittsburgh, PA, for Plaintiff-Respondent

SUR PETITION FOR PANEL REHEARING

The petition for rehearing filed by the petitioner in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is granted. The prior opinion and judgment are vacated. Further action on this petition for a writ of mandamus is stayed pending disposition of appeal No. 16-3794. The Clerk will resubmit this petition for a writ of mandamus to a panel after the Court’s mandate has issued in No. 16-3794.

Thomas I. Vanaskie, Circuit Judge