ROCHA v. THALER

Nos. 05-70028, 09-70018.

628 F.3d 218 (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.

December 17, 2010.


Attorney(s) appearing for the Case

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

Edward Larry Marshall (argued), Post-conviction Lit. Div., Austin, TX, for Thaler.

Before JOLLY, HIGGINBOTHAM and HAYNES, Circuit Judges.


PER CURIAM:

The court having been polled at the request of one of the members of the court 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 Petition for Rehearing En Banc is DENIED.

Voting against en banc rehearing were: Chief Judge Edith H. Jones, Judge Carolyn Dineen King, Judge E. Grady Jolly, Judge W. Eugene Davis, Judge Jerry E. Smith, Judge Emilio M...

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