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MIDDLEBROOKS v. PARKER

No. 20-5419.

22 F.4th 621 (2022)

Donald Ray MIDDLEBROOKS, Plaintiff-Appellant, v. Tony PARKER, in his official capacity as Tennessee's Commissioner of Correction; Tony Mays, in his official capacity as Warden of Riverbend Maximum Security Institution, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2022.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Miranda Jones Scott Sutherland , Rob Mitchell , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON RESPONSE: Richard Lewis Tennent , Kelley J. Henry , Amy D. Harwell , Katherine Dix , Marshall Jensen , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, Nashville, Tennessee, for Appellant. ON AMICUS BRIEF: Jeffrey C. Mando , Claire E. Parsons , ADAMS LAW, PLLC, Covington, Kentucky, D. Barry Stilz , KINKEAD & STILZ, Lexington, Kentucky, for Amicus Curiae.

MOORE, CLAY, and WHITE, JJ., the original panel of the court, issued an order denying the petition for rehearing en banc and a statement in support. THAPAR, J. (pp. 622-29), issued a separate statement respecting the denial of rehearing en banc.

ORDER

On Petition for Rehearing En Banc

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 of the case. The petition then was circulated to the full court. No judge has requested a vote on the suggestion for rehearing en banc.

Therefore, the petition is denied.

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