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ALLEN v. LEE

No. 02-5.

370 F.3d 402 (2004)

Timothy Lanier ALLEN, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Filed: June 4, 2004.

ORDER

On the Respondent's Petition for Rehearing by the en banc panel, Judges Wilkinson, Niemeyer, Luttig, and Williams voted to grant the petition, and Chief Judge Wilkins and Judges Michael, Motz, Traxler, King, Gregory, and Shedd voted to deny the petition. The Petition for Rehearing is therefore denied. Judge Luttig wrote an opinion dissenting from the denial of the Petition for Rehearing.

Judges Widener...

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