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BALENTINE v. THALER

No. 12-70023.

692 F.3d 357 (2012)

John Lezell BALENTINE, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 2012.

Attorney(s) appearing for the Case

Lydia M. Brandt , Brandt Law Firm, P.C., Richardson, TX, for Petitioner-Appellant.

Katherine Diane Hayes , Asst. Atty. Gen., Postconviction Lit. Div., Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before STEWART, OWEN and SOUTHWICK, Circuit Judges.

PER CURIAM:

The court having been polled and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED.R.App. P. and 5TH Cir. R. 35), the Rehearing En Banc has been DENIED by separate order on this day.

John Lezell Balentine's motion for a stay of execution pending consideration of petition for rehearing en banc is DENIED as MOOT.

On August 17, 2012, this panel determined that the district court...

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