
    IN RE: OHIO EXECUTION PROTOCOL. Angelo Fears, et al., Plaintiffs, Gary Otte; Ronald Phillips; Raymond Tibbetts, Plaintiffs-Appellees, v. Donald Morgan, et al., Defendants-Appellants.
    No. 17-3076
    United States Court of Appeals, Sixth Circuit.
    Decided and Filed: April 25, 2017
    Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, ' GIBBONS, ROGERS, SUTTON, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges.
   ORDER

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 opinion and judgment of this court are 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; this matter is scheduled for oral argument on June 14, 2017. 
      
       Judge Cook recused herself in this case.
     