Bruce Anderson v. State of Texas, No. 17-41243 (5th Cir. 2019)

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This opinion or order relates to an opinion or order originally issued on January 14, 2019.

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-41243 BRUCE M. ANDERSON, FILED February 19, 2019 Lyle W. Cayce Clerk Plaintiff - Appellee v. ROGELIO VALDEZ, In his Individual and Official Capacities, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON PETITION FOR REHEARING Before HIGGINBOTHAM, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: Anderson notes that after we issued our decision, Gregory Perkes was nominated by the Governor to once again serve as a justice on the Thirteenth Court of Appeals. This relates “to changed circumstances since the case was decided by the district court” and by our panel, which do not provide grounds for panel rehearing. 1 Our decision and denial of rehearing are “[w]ithout Anastasiadis v. S.S. Little John, 347 F.2d 823 (5th Cir. 1965) (mem.); see also Armster v. U.S. Dist. Court, 806 F.2d 1347, 1356 (9th Cir. 1986) (“A panel is simply not capable of having overlooked or misapprehended ‘points of . . . fact’ occurring subsequent to its initial decision.”); 16AA Fed. Prac. & Proc. Juris. § 3986.1 (4th ed.) (“New factual material, 1 No. 17-41243 prejudice to [the] pursuit of any appropriate remedies which may be available in the district court.” 2 We express no opinion on the availability of further relief in the context of the close professional relationship between judge and staff attorney. The petition for panel rehearing is denied. including material concerning events occurring after the initial decision, is not likely to be considered [in a petition for panel rehearing].”). 2 Anastasiadis, 347 F.2d at 823. 2

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