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NEILL v. GIBSON

No. 00-6024.

278 F.3d 1044 (2001)

Jay Wesley NEILL, Plaintiff-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 7, 2001.

Attorney(s) appearing for the Case

James L. Hankins of Hankins Law Office, Enid, OK, for Petitioner-Appellant.

Sandra D. Howard, Assistant Attorney General, Chief, Criminal Appeals (W.A. Drew Edmondson, Attorney General, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before TACHA, Chief Judge, BALDOCK, and LUCERO, Circuit Judges.

ORDER

Appellant's petition for rehearing by the panel is granted. The opinion on rehearing is filed with this order.

The suggestion for rehearing en banc was transmitted to all of the judges of the court who are in regular active service as required by Fed.R.App.P. 35, with the exception of Judge Robert H. Henry, who was recused in this matter. Judge Carlos F. Lucero voted to grant, and all other judges of the court voted to deny rehearing en banc.

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