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ROCHA v. THALER

Nos. 05-70028, 09-70018.

626 F.3d 815 (2010)

Felix ROCHA, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 17, 2010.

Attorney(s) appearing for the Case

Kathryn M. Kase (Court-Appointed), David R. Dow , Managing Sr. Counsel (argued) (Court-Appointed), Texas Defender Serv., Houston, TX, for Rocha.

Edward Larry Marshall (argued), Postconviction Lit. Div., Austin, TX, for Thaler.

Before JOLLY, HIGGINBOTHAM and HAYNES, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion Sept. 9, 2010, 5th Cir.2010, 619 F.3d 387)

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We treat Petitioner-Appellant Felix Rocha's petition for rehearing en banc as a petition for panel rehearing pursuant to Fifth Circuit Internal Operating Procedures under Federal Rule of Appellate Procedure 35. We deny Rocha's petition for rehearing for the same reasons we held he is not entitled...

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