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ALLEY v. LITTLE

No. 06-5816.

452 F.3d 621 (2006)

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

United States Court of Appeals, Sixth Circuit.

June 27, 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.

ORDER

The court having received a petition for rehearing en banc of the decision issued June 24, 2006, and the petition having been circulated to all non-recused active judges of this court, less than a majority of whom favored the suggestion,

It is ORDERED that the petition be and hereby is denied. The mandate shall issue forthwith.

BOYCE F. MARTIN, JR., Circuit Judge, with whom DAUGHTREY...

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