Decided and Filed: February 27, 2017
Before: COLE, Chief Judge; BOGGS, BATCHELDER, MOORE, CLAY,
GIBBONS, ROGERS, SUTTON, COOK McKEAGUE, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges.
A member of the en banc court sua sponte requested a poll in this case pursuant to
6 Cir. I.O.P. 35(e). 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:
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.