Moore v. Quarterman, No. 05-70038 (5th Cir. 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 29, 2006.
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 05-70038 ERIC LYNN MOORE United States Court of Appeals Fifth Circuit FILED March 12, 2008 Charles R. Fulbruge III Clerk Petitioner-Appellee versus NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION Defendant-Appellant - - - - Appeal from the United States District Court for the Eastern District of Texas, Tyler Division - - - - ON PETITION FOR REHEARING EN BANC (Opinion June 29, 2006, 5 Cir., 2006,_____F.3d_____) (Opinion June 27, 2007, 5 Cir., 2007, _____F.3d_____) BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD and SOUTHWICK, 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 en banc briefs.
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