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HERBST v. SCOTT

No. 93-2618 Summary Calendar.

42 F.3d 902 (1995)

Colin J. HERBST, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1995.

Attorney(s) appearing for the Case

Colin J. Herbst, pro se.

M. Carol Healy, Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before DUHÉ, WIENER and STEWART, Circuit Judges.

DUHÉ, Circuit Judge:

Treating the Suggestion for Rehearing En Banc as Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. No member of the panel nor Judge in regular active service of the Court having requested that the Court be polled on rehearing en banc (FRAP and Local Rule 35), the Suggestion for Rehearing En Banc is also DENIED.

On our own motion we held the mandate in this matter. Having reconsidered the case we recall our...

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