IN THE UNITED STATES COURT OF APPEALS

                                  FOR THE ELEVENTH CIRCUIT
                                                                                          FILED
                                                                                U.S. COURT OF APPEALS
                                                                                  ELEVENTH CIRCUIT
                                              No. 09-12717                          April 30, 2012
                                                                                       JOHN LEY
                                  (D.C. Docket No. 05-00369-CV-RH)                       CLERK


MICHAEL DUANE ZACK, III,

                                                                                     Petitioner-Appellant,

versus

KENNETH S. TUCKER,
PAM BONDI,

                                                                                   Respondents-Appellees.

                                        ---------------------------
                         On Appeal from the United States District Court for the
                                      Northern District of Florida
                                        --------------------------

                        (Opinion January 9, 2012, 

, 11th Cir. 2012)

                                             (April 30, 2012)


Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS,
WILSON, PRYOR, MARTIN, and JORDAN, Circuit Judges.

BY THE COURT:

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

should be reheard by the Court sitting 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.