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PERRY v. SPENCER

No. 16-2444.

21 F.4th 207 (2022)

Jwainus PERRY, Plaintiff-Appellant, v. Luis S. SPENCER, Commissioner; Thomas Dickaut, Former Superintendent; Anthony Mendosa, Former Deputy of Classification; James Saba, Superintendent; Abbe Nelligan, Deputy of Classification; Patrick Toolin, Correctional Program Officer; Kristie Ladoucer; Carol Mici; Thomas Neville, Defendants-Appellees, Jens Swanson, Property Officer, Defendant.

United States Court of Appeals, First Circuit.

January 3, 2022.

ORDER OF COURT

A majority of the active judges who are not disqualified have voted to hear this case en banc. Accordingly, the petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion released on August 29, 2018 is withdrawn, and the judgment entered the same date is vacated. See 1st Cir. I.O.P. X(D).

The en banc court will have copies of the parties' previously filed briefs. The parties are...

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