No. 04-70034.

474 F.3d 207 (2006)

Brent Ray BREWER, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 2006.

Attorney(s) appearing for the Case

Michael Dennis Samonek, Denton, TX, for Brewer.

Edward Larry Marshall, Austin, TX, for Quarterman.

Before JOLLY, SMITH and GARZA, Circuit Judges.


(Opinion March 1, 2006, 5th Cir., 2006, 442 F.3d 273)


A member of the court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service and not disqualified not having voted in favor (FED. R.APP. P. 35 and 5TH CIR. R. 35), the Petition for Rehearing En Banc filed...

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