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BRYANT v. STEPHAN

No. 20-4.

17 F.4th 513 (2021)

James Nathaniel BRYANT, III, Petitioner-Appellee, v. Warden Michael STEPHAN, Broad River Correctional Institution; Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: November 15, 2021.

Attorney(s) appearing for the Case

ARGUED: Michael Douglas Ross , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellants. Lindsey S. Vann , JUSTICE 360, Columbia, South Carolina, for Appellee. ON BRIEF: Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, Melody J. Brown , Senior Assistant Deputy Attorney General, Caroline Scrantom , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellants. Elizabeth Franklin-Best , ELIZABETH FRANKLIN-BEST, P.C., Columbia, South Carolina, for Appellee.

Affirmed by published per curiam opinion.

ON REHEARING EN BANC

On rehearing en banc, the panel opinions in Bryant v. Stephan, 998 F.3d 128 (4th Cir. 2021), are vacated, and the judgment of the district court is affirmed by an equally divided court.

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