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GOODWIN v. GHEE

No. 00-3339.

330 F.3d 446 (2003)

Jeffrey GOODWIN, Petitioner-Appellant, v. Margarette GHEE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 19, 2003.

Attorney(s) appearing for the Case

Louis A. Chaiten, Jones Day, Cleveland, OH, for Petitioner-Appellant.

Todd R. Marti, Office of Atty. General Corrections Litigation Section, Columbus, OH, for Defendant-Appellee.

Before MARTIN, Chief Circuit Judge; BOGGS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges.

ORDER

Pursuant to Rule 35 of the Federal Rules of Appellate Procedure and Sixth Circuit Rule 35, a majority of the active judges of this court voted to grant en banc review of this case. Following arguments by counsel and a conference among the judges, it was determined that the en banc court is equally divided in this case. Five members favor affirmance of the judgment of the district court, and five favor reversal. Pursuant to our decision in

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