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HALEY v. COCKRELL

No. 01-41389.

325 F.3d 569 (2003)

Michael Wayne HALEY, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 2003.

Attorney(s) appearing for the Case

Eric Miller Albritton, Albritton Law Firm, Longview, TX, for Petitioner-Appellee.

Ellen Stewart-Klein, Austin, TX, for Respondent-Appellant.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The court having been polled at the request of one of the members of the court, and a majority of the judges who are in regular active service not having voted in favor (FED. R.APP. P. 35 and 5TH CIR. R. 35), the petition for rehearing en banc is DENIED.

JERRY E. SMITH, Circuit Judge, with whom JOLLY, JONES, BARKSDALE, EMILIO...

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