Mark Robertson, Petitioner-appellant, v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-appellee, 300 F.3d 881 (5th Cir. 2002)

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US Court of Appeals for the Fifth Circuit - 300 F.3d 881 (5th Cir. 2002) August 1, 2002

Randy Schaffer, Schaffer & Henley, Houston, TX, for Petitioner-Appellant.

Edward Larry Marshall, Austin, TX, for Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Texas; A. Joe Fish, Chief Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion Jan. 17, 2002, 5 Cir., 2002, 279 F.3d 1062)

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.


BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.