Johnson v. Governor of the State of FL

                                                                       [PUBLISH]

              IN THE UNITED STATES COURT OF APPEALS

                      FOR THE ELEVENTH CIRCUIT          FILED
                        ________________________ U.S. COURT OF APPEALS
                                                         ELEVENTH CIRCUIT
                              No. 02-14469                      July 20, 2004
                                                           THOMAS K. KAHN
                        ________________________
                                                               CLERK

                     D. C. Docket No. 00-03542-CV-JLK

THOMAS JOHNSON, DERRICK ANDRE THOMAS, ERIC ROBINSON,
ADAM HERNANDEZ, KATHRYN WILLIAMS-CARPENTER,
JAU'DOHN HICKS, JOHN HANES, in their own right and as
representatives of all ex-felon citizens of Florida,

                                                       Plaintiffs-Appellants,

OMALI YESHITELA,

                                                       Plaintiff,
     versus

GOVERNOR OF THE STATE OF FLORIDA, Jeb Bush,
SECRETARY OF THE STATE OF FLORIDA, Katherine Harris,
CHARLIE CRIST, ROBERT MILLIGAN, WILLIAM NELSON,
ROBERT CRAWFORD, THOMAS GALLAGHER, in their roles
as members of the Clemency Board of Florida, BEVERLY HILL,
Alachua County Election Supervisor, et al.,

                                                         Defendants-Appellees.
                             _________________

                 Appeal from the United States District Court
                     for the Southern District of Florida
                            __________________

          (Opinion December 19, 2003, 353 F.3d 1287. 11 th Cir. 2003)
Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH,
DUBINA, BLACK, CARNES, BARKETT, HULL, WILSON and PRYOR, Circuit
Judges.*

B Y T H E C O U R T:

       A member of this Court in active service having requested a poll on the

suggestion of rehearing en banc and a majority of the judges in this Court in active

service having voted in favor of granting a rehearing en banc,

       IT IS ORDERED that the above cause shall be reheard by this Court en

banc. The previous panel’s opinion is hereby VACATED.




       *
        Judge Stanley Marcus has recused himself and will not participate. Judge Phyllis A.
Kravitch has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. §
46c).