IN RE: OHIO EXECUTION PROTOCOL. ANGELO FEARS, et al., Plaintiffs, GARY OTTE; RONALD PHILLIPS; RAYMOND TIBBETTS, Plaintiffs-Appellees, v. DONALD MORGAN, et al., Defendants-Appellants.
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 opinion 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; this matter is scheduled for oral argument on June 14, 2017.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
FOOTNOTE. Judge Cook recused herself in this case.