BURNETTE v. FAHEY

No. 11-1324.

699 F.3d 804 (2012)

Sharon BURNETTE; Pamela K. Burroughs; Frank Carter, Jr.; Edward Conquest; Donald W. Hoffman; Monty King, formerly known as Imond Monty Hicks; Larry Macon; Marvin McClain; Benjamin Perdue, Jr.; Henry Stump; Barbara Tabor, Suing on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Helen F. FAHEY, In her capacity as Chair of the Virginia Parole Board; Carol Ann Sievers, In her capacity as Vice-Chair of the Virginia Parole Board; Jackie T. Stump, In his capacity as a Member of the Virginia Parole Board; Michael M. Hawes, In his capacity as a Member of the Virginia Parole Board; Rudolph C. McCollum, Jr., In his capacity as a Member of the Virginia Parole Board, Defendants-Appellees. Steven Wayne Goodman, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

November 15, 2012.


Attorney(s) appearing for the Case

Robert Armistead Angle , Attorney, Stephen Atherton Northup , Attorney, Troutman Sanders, LLP, Richmond, Alex Ross Gulotta , Abigail Turner , Charlottesville, Gail Starling Marshall , Rapidan, VA, Plaintiffs-Appellants. Kenneth T. Cuccinelli, II , Attorney General, Earle Duncan Getchell, Jr. , Charles Everett James, Jr. , Chief Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, VA, Defendants-Appellees. Steven Wayne Goodman, Dillwyn, VA, pro se.


ORDER

Appellants have filed a petition for rehearing and rehearing en banc. Appellees have filed a response in opposition to the petition.

Judge Niemeyer and Judge Floyd voted to deny the petition for rehearing. Judge Gregory voted to grant the petition for rehearing.

A member of the court requested a poll on the petition for rehearing en banc. Judge Gregory voted to grant rehearing en banc. Chief Judge Traxler and Judges Wilkinson, Niemeyer, Motz...

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