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WALKER v. KELLY

No. 08-11.

598 F.3d 167 (2010)

Darick Demorris WALKER, Petitioner-Appellant, v. Loretta K. KELLY, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

March 9, 2010.

Attorney(s) appearing for the Case

Craig Goldblatt, Annie Lawrence Owens, Danielle Spinelli, D. Hien Tran, Heather Marie Zachary, Wilmerhale, Washington, DC, for Petitioner-Appellant. Katherine Baldwin Burnett, Senior Assistant Attorney General, Robert Francis Mcdonnell, Attorney General, Jerry Paul Slonaker, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, VA, for Respondent-Appellee.

ORDER

In a poll requested by a member of the court on the petition for rehearing en banc, Judges Michael, Motz, Gregory, and Davis voted to rehear the case en banc. Chief Judge Traxler and Judges Wilkinson, Niemeyer, King, Shedd, Duncan, and Agee voted to deny rehearing en banc. As a majority of the active circuit judges voted against rehearing en banc and as the panel voted to deny rehearing, the petition for rehearing and rehearing en banc is denied.

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