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LEDFORD v. COMMISSIONER, GA DEPT. OF CORRECTIONS

No. 17-12167-P.

856 F.3d 1327 (2017)

J. W. LEDFORD, Jr., Plaintiff-Appellant, v. COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, Warden, Other Unknown Employees and Agents, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Date Filed: May 16, 2017.

Attorney(s) appearing for the Case

Gerald Wesley King, Jr. , Federal Defender Program, Inc., Mary Elizabeth Wells , Law Office of M.E. Wells, ATLANTA, GA, John D. Cline , Law Office of John D. Cline, SAN FRANCISCO, CA, for Plaintiff-Appellant.

Beth Attaway Burton , Sabrina Graham, Attorney General's Office, ATLANTA, GA, for Defendants-Appellees.

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, and JILL PRYOR, Circuit Judges.

BY THE COURT:

A petition for initial hearing en banc having been filed, a judge in active service having requested a poll on the petition, and a majority of the judges in active service having voted against it, the petition is DENIED. The motion for a stay of execution is DENIED and the State's motion to file a response to the plaintiff-appellant's sur-reply is DENIED AS MOOT.

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