Kimberlin, Brett, et al v. DOJ, et al, No. 01-5387 (D.C. Cir. 2003)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on February 11, 2003.
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Notice: This opinion is subject to formal revision before publication in the Federal Reporter or U.S.App.D.C. Reports. Users are requested to notify the Clerk of any formal errors in order that corrections may be made before the bound volumes go to press. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Filed October 28, 2003 No. 01 5387 BRETT C. KIMBERLIN AND DARRELL RICE, APPELLANTS v. UNITED STATES DEPARTMENT OF JUSTICE AND BUREAU OF PRISONS, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 97cv02633) On Appellants Petition for Rehearing Before: SENTELLE, HENDERSON, and TATEL,* Circuit Judges. ORDER Upon consideration of the appellants petition for panel rehearing, filed on March 28, 2003, and the appellees response thereto, it is ORDERED that the petition be denied. Our panel disposition of this case remains unchanged after the United States Supreme Court s opinion in Overton v. Bazzetta, 123 S. Ct. * Judge Tatel would grant the petition for panel rehearing. 2 2162 (2003). To the extent that Overton may affect our determination that we need not invoke the four factor analysis the United States Supreme Court established in Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 2261 62, 96 L.Ed.2d 64 (1987), Kimberlin v. United States Dep t of Justice, 318 F.3d 228, 232 (D.C. Cir. 2003), our alternative disposition, that the prison regulations banning electric and electronic musical instruments satisfy Safley s test, remains intact, see id. at 233 34. Per Curiam For the Court: Mark J. Langer Clerk
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