Summary
vacating an earlier decision dismissing a federal habeas petition and underlying IATC claim as procedurally defaulted and remanding to the district court to "decide in the first instance the impact of Martinez v. Ryan on [the petitioner's] contention that he had cause for his procedural default"
Summary of this case from Butler v. StephensOpinion
No. 11–1398.
2012-06-21
UNITED STATES of America v. Quintrell REYNOS, Appellant.
Joseph T. Labrum, III, Esq., Robert A. Zauzmer, Esq., Office of United States Attorney, Philadelphia, PA, for United States of America. Megan S. Scheib, Esq., William J. Winning, Esq., Cozen O'Connor, Philadelphia, PA, for Appellant.
Joseph T. Labrum, III, Esq., Robert A. Zauzmer, Esq., Office of United States Attorney, Philadelphia, PA, for United States of America. Megan S. Scheib, Esq., William J. Winning, Esq., Cozen O'Connor, Philadelphia, PA, for Appellant.
Present: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR. and VANASKIE, and NYGAARD, Circuit Judges.
ORDER
THEODORE A. McKEE, Chief Judge.
A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered May 22, 2012 are hereby vacated.
Judge Nygaard's vote is limited to panel rehearing only.