Hopkins v. Hosemann ( 2023 )

United States Court of Appeals
for the Fifth Circuit
___________
United States Court of Appeals
No. 19-60662 Fifth Circuit
CONSOLIDATED WITH FILED
No. 19-60678 September 28, 2023
___________ Lyle W. Cayce
Clerk
Dennis Hopkins, individually and on behalf of a class of all others
similarly situated; Herman Parker, Jr., individually and on behalf of a
class of all others similarly situated; Walter Wayne Kuhn, Jr.,
individually and on behalf of a class of all others similarly situated; Bryon
Demond Coleman, individually and on behalf of a class of all others
similarly situated; Jon O’Neal, individually and on behalf of a class of all
others similarly situated; Earnest Willhite, individually and on behalf
of a class of all others similarly situated,
Plaintiffs—Appellees,
versus
Secretary of State Delbert Hosemann, in his official capacity,
Defendant—Appellant,
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CV-188
______________________________
No. 19-60662
c/w No. 19-60678
ON PETITION FOR REHEARING EN BANC
(Opinion August 4, 2023, 5 Cir., 2023, 76 F.4th 378)
Before Richman, Chief Judge, and Jones, Smith, Stewart,
Elrod, Southwick, Haynes, Graves, Higginson, Willett,
Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas,
Circuit Judges.
Per Curiam:
A member of the court having requested a poll on the petition for
rehearing en banc, and a majority of the circuit judges in regular active service
and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en
banc with oral argument on a date hereafter to be fixed. The Clerk will
specify a briefing schedule for the filing of supplemental briefs. Pursuant to
5th Rule 41.3, the panel opinion in this case dated August 4, 2023, is
VACATED.
2