ARTHUR v. COMMISSIONER, AL DEPT. OF CORRECTIONS

No. 17-11879-P.

864 F.3d 1259 (2017)

Thomas D. ARTHUR, Plaintiff-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Anne Adams Hill, General Counsel, Alabama Department of Corrections, in her official capacity, Holman CF Warden, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Date Filed: May 25, 2017.


Attorney(s) appearing for the Case

Suhana Han , Adam Brebner , Akash M. Toprani , Sullivan & Cromwell, LLP, New York, NY, Christine A. Freeman , John Anthony Palombi , Federal Defender Program, Inc., Montgomery, AL, for Plaintiff-Appellant.

Thomas R. Govan, Jr. , James Clayton Crenshaw , James Roy Houts , Lauren Ashley Simpson , Alabama Attorney General's Office, Steven Marshall , Attorney General's Office, Montgomery, AL, for Defendants-Appellees.

Before GERALD BARD TJOFLAT, Acting Chief Judge, HULL, MARCUS, WILSON, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES and JILL PRYOR, Circuit Judges.


BY THE COURT:

A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted against granting a rehearing en banc, it is ORDERED that this case will not be reheard en banc. The motion for a stay of execution is DENIED.

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