Opinion
No. 20-8029
09-03-2021
ORDER
This matter is before us on Appellant's Petition for Panel Rehearing and Rehearing En Banc . We also have a response from Appellee. Having carefully considered the petition, the response, and the filings in this appeal, we direct as follows. Appellant's request for panel rehearing is denied pursuant to Fed. R. App. P. 40.
The petition for rehearing en banc was transmitted to all judges of the court who are in regular active service. As no member of the panel and no judge in regular active service requested that the court be polled, Appellant's request for rehearing en banc is denied pursuant to Fed. R. App. P. 35(f).
Finally, we sua sponte direct the Clerk of Court to withdraw our July 13, 2021 published opinion and replace it with an identical unpublished order and judgment effective nunc pro tunc to the date the original opinion was filed.