Fernando Lopez v. Julius Wilson, Warden , 366 F.3d 430 ( 2004 )

366 F.3d 430

Fernando LOPEZ, Petitioner-Appellant,
v.
Julius WILSON, Warden, Respondent-Appellee.

No. 01-3875.

United States Court of Appeals, Sixth Circuit.

April 20, 2004.

Robert D. Little, Law Office of Robert Little, Maplewood, NJ, for Petitioner-Appellant.

Douglas R. Cole, Office of the Attorney General of Ohio, Columbus, OH, for Respondent-Appellee.

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

1

A majority of the Judges of this Court in regular active service qualified to participate have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows:

2

"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."

3

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.

4

It is further ORDERED that the appellant file a supplemental brief not later than Thursday, May 20, 2004, and the appellee file a supplemental brief not later than Monday, June 21, 2004. The Clerk will schedule this case for oral argument as directed by the court.

Notes:

*

Judge Cook did not participate in this case