Petteway v. Galveston County ( 2023 )

Case: 23-40582 Document: 00516980797 Page: 1 Date Filed: 11/28/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
___________ FILED
November 28, 2023
No. 23-40582 Lyle W. Cayce
___________ Clerk
Honorable Terry Petteway; Honorable Derrick Rose;
Honorable Penny Pope,
Plaintiffs—Appellees,
versus
Galveston County, Texas; Mark Henry, in his official capacity
as Galveston County Judge; Dwight D. Sullivan, in his official capacity
as Galveston County Clerk,
Defendants—Appellants,
____________________________
United States of America,
Plaintiff—Appellee,
versus
Galveston County, Texas; Galveston County
Commissioners Court; Mark Henry, in his official capacity as
Galveston County Judge,
Defendants—Appellants,
____________________________
Dickinson Bay Area Branch NAACP; Galveston Branch
Case: 23-40582 Document: 00516980797 Page: 2 Date Filed: 11/28/2023
No. 23-40582
NAACP; Mainland Branch NAACP; Galveston LULAC
Council 151; Edna Courville; Joe A. Compian; Leon
Phillips,
Plaintiffs—Appellees,
versus
Galveston County, Texas; Mark Henry, in his official capacity
as Galveston County Judge; Dwight D. Sullivan, in his official capacity
as Galveston County Clerk,
Defendants—Appellants.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:22-CV-57
USDC No. 3:22-CV-93
USDC No. 3:22-CV-117
______________________________
ON PETITION FOR REHEARING EN BANC
(Opinion November 10, 2023, 5 Cir., 2023, 86 F.4th 214 )
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 majority of the circuit judges in regular active service and not
disqualified having voted in favor, on the Court’s own motion, to rehear this
case en banc,
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Case: 23-40582 Document: 00516980797 Page: 3 Date Filed: 11/28/2023
No. 23-40582
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 Circuit Rule 41.3, the panel opinion in this case dated November 10,
2023, is VACATED.
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