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ALLEY v. LITTLE

No. 06-5816.

452 F.3d 620 (2006)

Sedley ALLEY, Plaintiff-Appellant, v. George LITTLE, in his official capacity as Tennessee's Commissioner of Correction, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

June 26, 2006.

Attorney(s) appearing for the Case

Paul R. Bottei, Asst. F.P. Defender, Federal Public Defender's Office, Nashville, TN, for Plaintiff-Appellant.

Mark A. Hudson, Asst. Atty. General, Joseph F. Whalen, III, Asst. Atty. General, Office of the Attorney General, Nashville, TN, for Defendants-Appellees.

Before: BOGGS, Chief Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, ROGERS, SUTTON, COOK, MCKEAGUE, and GRIFFIN, Circuit Judges.

AMENDED ORDER

The court having received a petition for initial hearing en banc, and the petition having been circulated to all active judges of this court, and no judge of this court having favored the suggestion,

It is ORDERED that the petition be and hereby is denied.

BOYCE F. MARTIN, JR., Circuit Judge, with whom DAUGHTREY, MOORE, COLE, and CLAY, Circuit Judges, join, dissenting from the denial of initial hearing en banc.

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