HOWARD v. KING

No. 83-3154.

719 F.2d 787 (1983)

Clinton C. HOWARD, Jr., Michael Chapman and Kenneth Robinson, Plaintiffs-Appellants, v. John T. KING, Secretary, Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 14, 1983.


Attorney(s) appearing for the Case

Clinton C. Howard, pro se.

Michael Chapman, pro se.

Kenneth Robinson, pro se.

J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for defendants-appellees.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.


ORDER SUA SPONTE

PER CURIAM:

A member of the Court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service not having voted in favor of it, rehearing en banc is DENIED.

In denying rehearing, we stress the limited nature of our holding in this case. The opinion does not hold that a 56-hour work week constitutes cruel and unusual punishment per se. Indeed, we do not address...

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