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WHATLEY v. WARDEN, GEORGIA DIAGNOSTIC

No. 13-12034.

955 F.3d 924 (2020)

Frederick R. WHATLEY, Petitioner-Appellee Cross Appellant, v. WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER, Respondent-Appellant Cross Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed April 10, 2020.

Attorney(s) appearing for the Case

Brian Mendelsohn , Susan Jill Benton , Gerald Wesley King, Jr. , Federal Defender Program, Inc., Atlanta, GA, for Petitioner-Appellee-Cross Appellant.

Richard W. Tangum , Beth Attaway Burton , Sabrina Graham , Attorney General's Office, Atlanta, GA, for Respondent-Appellant-Cross Appellee.

Before ED CARNES, Chief Judge, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, and LAGOA, Circuit Judges.

BY THE COURT:

A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted against granting a rehearing en banc, it is ORDERED that this case will not be reheard en banc.

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