RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 23a0032p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
┐
SAMUEL FIELDS,
│
Petitioner-Appellant, │
> No. 17-5065
│
v. │
│
SCOTT JORDAN, Warden, │
Respondent-Appellee. │
┘
On Petition for Rehearing En Banc
United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:15-cv-00038—Karen K. Caldwell, District Judge.
Decided and Filed: February 22, 2023
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE,
STRANCH, BUSH, LARSEN, NALBANDIAN, READLER,
MURPHY, DAVIS, and MATHIS, Circuit Judges.*
_________________
COUNSEL
ON PETITION FOR REHEARING EN BANC: Matthew F. Kuhn, OFFICE OF THE
KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON RESPONSE:
Daniel E. Kirsch, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Kansas City, Missouri,
for Appellant.
_________________
ORDER
_________________
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:
*
Judge Thapar recused himself from participation in this decision.
No. 17-5065 Fields v. Jordan Page 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.
Accordingly, it is ORDERED, that the previous decision 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 and will schedule this case for
oral argument as soon as possible.
ENTERED BY ORDER OF THE COURT
___________________________________
Deborah S. Hunt, Clerk
60 F.4th 1023
Samuel Fields v. Scott Jordan
U.S. Courts of Appeals
Decided February 22, 2023
U.S. Courts of Appeals · decided 2023-02-22
Cited by 1 later decisions — most recently November 2023
Good law ✅— No negative treatment on recordhow we know
Decided 2023-02-22
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