ABELA v. MARTIN, 318 F.3d 1155 (6th Cir. 2003)


Kevin Mark ABELA, Petitioner-Appellant, v. William MARTIN, Director, Michigan Department of Corrections, Respondent-Appellee.

No. 00-2430.United States Court of Appeals, Sixth Circuit.
January 21, 2003.

Before: MARTIN, Chief Judge; BOGGS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges.

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 is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

It is further ORDERED that the parties file a supplemental brief not later than Monday, February 17, 2003.

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