Thompson v. Connick, et al

07-30443Court of Appeals for the Fifth CircuitMar 13, 2009

Full text

1Judge Dennis is recused and did not participate in this
decision.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30443
JOHN THOMPSON
Plaintiff-Appellee
vs.
HARRY F. CONNICK, in his official capacity as District Attorney;
ERIC DUBELIER, in his official capacity as Assistant District
Attorney; JAMES WILLIAMS, in his official capacity as Assistant
District Attorney; EDDIE JORDAN, in his official capacity as
Assistant District Attorney; ORLEANS PARISH DISTRICT ATTORNEY’S
OFFICE
Defendants-Appellants
- - - - -
Appeal from the United States District Court for the
Eastern District of Louisiana
- - - - -
ON PETITION FOR REHEARING
AND
PETITION FOR REHEARING EN BANC
(Opinion December 19, 2008, 5 Cir., 2008, ____F.3d____)
(March 11, 2009)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER,
BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO,
OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1
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
supplemental briefs.
United States Court of Appeals
Fifth Circuit
F I L E D
March 11, 2009
Charles R. Fulbruge III
Clerk

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