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GUIDRY v. DRETKE

No. 03-20991.

429 F.3d 154 (2005)

Howard Paul GUIDRY, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 2005.

Attorney(s) appearing for the Case

Kenneth A. Williams, Southwestern University School of Law, Los Angeles, CA, Robert M. Rosenberg, Wilton Manors, FL, for Guidry.

Tina J. Dettmer, Austin, TX, for Dretke.

Before BARKSDALE, GARZA 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 its members, and a majority of the judges who are in active service not having voted in favor (FED. R.APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.

The author of the underlying majority opinion, RHESA HAWKINS BARKSDALE, Circuit Judge, offers...

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