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DAVENPORT v. MACLAREN

No. 17-2267.

975 F.3d 537 (2020)

Ervine Lee DAVENPORT, Petitioner-Appellant, v. Duncan MACLAREN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2020.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Fadwa A. Hammoud , Jared D. Schultz , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON RESPONSE: Tasha J. Bahal , Reuven Dashevsky , WILMER CUTLER PICKERING HALE AND DORR LLP, Boston, Massachusetts, for Appellant.

The panel issued an order denying the petition for rehearing en banc. STRANCH, J. (pp. 538-41), delivered a separate opinion concurring in the denial of rehearing en banc, in which COLE, C.J., and MOORE, CLAY, WHITE, and DONALD, JJ., joined. SUTTON, J. (pp. 541-43), delivered a separate opinion concurring in the denial of rehearing en banc, in which KETHLEDGE, J., joined. GRIFFIN, J. (pp. 543-45), delivered a separate opinion dissenting from the denial of rehearing en banc. THAPAR, J. (pp. 545-54), delivered a separate opinion dissenting from the denial of rehearing en banc, in which BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, JJ., joined.

ORDER

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.

Therefore, the petition is denied. Judge Readler would grant rehearing for the reasons stated in his...

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