Crawford v. Cain

Case: 20-61019 Document: 00516804693 Page: 1 Date Filed: 06/29/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
___________ Fifth Circuit
FILED
June 29, 2023
No. 20-61019
___________ Lyle W. Cayce
Clerk
Charles Ray Crawford,
Petitioner—Appellant,
versus
Burl Cain, Commissioner, Mississippi Department of Corrections;
Earnest Lee, Superintendent, Mississippi State Penitentiary,
Respondents—Appellees.
______________________________
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:17-CV-105
______________________________
ON PETITION FOR REHEARING EN BANC
(Opinion December 15, 2022, 5 Cir., 2022, 55 F.4th 981, Withdrawn)
(Opinion May 19, 2023, 5 Cir., 2023, 68 F.4th 273)
Before Richman, Chief Judge, and Jones, Smith, Stewart,
Elrod, Southwick, Haynes, Higginson, Willett, Ho,
Duncan, Engelhardt, Oldham, Wilson, and Douglas,
Circuit Judges.

Judge James E. Graves, Jr. did not participate in the consideration of the
rehearing en banc.
Case: 20-61019 Document: 00516804693 Page: 2 Date Filed: 06/29/2023
No. 20-61019
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,
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 May 19, 2023, is
VACATED.
2