James Dennis v. Secretary PA Department of Cor, et al

Filing

ORDER filed (Coram: MCKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ and KRAUSE, Circuit Judges) granting Petition for En Banc Rehearing and vacating the opinion and judgment filed February 9, 2015, filed. Authoring Judge: Chief Judge McKee.

Case: 13-9003

Document: 003111954179

Page: 1

Date Filed: 05/06/2015

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
______
No. 13-9003
______
JAMES A. DENNIS
v.
SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS;
SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT GREENE;
SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT ROCKVIEW;
DISTRICT ATTORNEY OF PHILADELPHIA COUNTY,
Appellants
______
On Appeal from United States District Court
for the Eastern District of Pennsylvania
(E.D. Pa. No. 2-11-cv-01660)
District Judge: Honorable Anita B. Brody
______
PRESENT: McKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH,
FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, Jr.,
VANASKIE, SHWARTZ, and KRAUSE Circuit Judges
ORDER
A majority of the active judges having voted for rehearing en banc in the above
captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of
this Court shall list the case for rehearing en banc at the convenience of the Court. The
opinion and judgment entered February 9, 2015 are hereby vacated.

By the Court,
s/ Theodore A. McKee
Chief Circuit Judge

Case: 13-9003

Document: 003111954179

Date: May 6, 2015
NMR/cc:
Stuart B. Lev, Esq.
Amy L. Rohe, Esq.
Thomas W. Dolgenos, Esq.
Ryan Dunlavey, Esq.
Catherine M.A. Carroll, Esq.

Page: 2

Date Filed: 05/06/2015