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).