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EVANS v. THOMPSON

No. 07-1014.

524 F.3d 1 (2008)

Jimmy EVANS, Petitioner, Appellant, v. Michael A. THOMPSON, Superintendent of MCI Shirley, Respondent, Appellee, United States of America, Intervenor.

United States Court of Appeals, First Circuit.

Decided April 16, 2008.

Attorney(s) appearing for the Case

Michael R. Schneider, Ryan M. Schiff, Salsberg & Schneider, Boston, MA, for Jimmy Evans.

Susanne G. Reardon, Attorney General's Office, Boston, MA, for Michael A. Thompson.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, SELYA and SILER, Circuit Judges, LYNCH, LIPEZ and HOWARD, Circuit Judges.

The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and the petition for rehearing en banc de denied.

ORDER OF COURT

LIPEZ, Circuit with whom TORRUELLA, Circuit Judge, joins, dissenting from the denial...

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