GONGORA v. THALER

No. 07-70031.

726 F.3d 701 (2013)

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

United States Court of Appeals, Fifth Circuit.

August 13, 2013.


Attorney(s) appearing for the Case

Danny Duane Burns (argued), Fort Worth, TX, for Petitioner-Appellant.

Leslie Katheryn Kuykendall , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, James Patrick Sullivan, Esq. , Assistant Solicitor General, Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Respondent-Appellee.

Before STEWART, Chief Judge, and HIGGINBOTHAM and OWEN, 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 for en banc rehearing were: Judge E. Grady Jolly, Judge Edith H. Jones, Judge Jerry E. Smith, Judge Edith B. Clement, Judge Priscilla R. Owen, and Judge Jennifer W. Elrod...

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