
    Christopher J. PAGAN, Plaintiff-Appellant, v. Police Chief Matt FRUCHEY, et al., Defendants-Appellees.
    No. 04-4414.
    United States Court of Appeals, Sixth Circuit.
    Sept. 6, 2006.
    Before: BOGGS, Chief Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.
   ORDER

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) 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 is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.  