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SOFFAR v. DRETKE

No. 98-20385.

391 F.3d 703 (2004)

Max Alexander SOFFAR, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 2004.

Attorney(s) appearing for the Case

James Howard Schropp (argued), Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, for Petitioner-Appellant.

Gena Blount Bunn, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before GARZA, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:

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 (FED R.APP. P. and 5TH CIR. R.35), the Petition for Rehearing En Banc filed herein by the State is DENIED.

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is GRANTED to the limited extent to effect the following amendment in the text of the panel opinion...

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