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DUKE v. ALLEN

No. 09-16011.

663 F.3d 1205 (2011)

Mark DUKE, Petitioner-Appellant, v. Richard ALLEN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 23, 2011.

Attorney(s) appearing for the Case

Randall S. Susskind (Court-Appointed) , Equal Justice Initiative of Alabama, Montgomery, AL, for Petitioner-Appellant.

J. Thomas Leverette , Office of the Attorney General, Montgomery, AL, for Respondent-Appellee.

Prior report: .

PER CURIAM:

The court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure), the Suggestion of Rehearing En Banc and the Petition for Rehearing are DENIED.

BARKETT, Circuit Judge, dissenting, in which WILSON, Circuit Judge, joins:

I dissent from the denial of rehearing

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