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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-70038
ERIC LYNN MOORE
Petitioner-Appellee
versus
NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION
Defendant-Appellant
- - - - -
Appeal from the United States District Court
for the Eastern District of Texas, Tyler Division
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion June 29, 2006, 5 Cir., 2006,_____F.3d_____)
(Opinion June 27, 2007, 5 Cir., 2007, _____F.3d_____)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER,
BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT,
PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested
a poll on the petition for rehearing en banc and a majority of
the judges in active service having voted in favor of granting a
rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the
court en banc with oral argument on a date hereafter to be fixed.
The Clerk will specify a briefing schedule for the filing of en
banc briefs.
United States Court of Appeals
Fifth Circuit
F I L E D
March 12, 2008
Charles R. Fulbruge III
Clerk
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