Opinion · Court of Appeals for the Eleventh Circuit

Phillip Wayne Harris v. David Evans, Commissioner, Lanson Newsome, Deputy Commissioner, A.G. Thomas, Warden

999 F.2d 1424

Type: Opinion
Court: Court of Appeals for the Eleventh Circuit
Jurisdiction: Federal
Date: 1993-08-23
Topic: general

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC Before TJOFLAT, Chief Judge, FAY, KRAVTTCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges. * *1425 BY THE COURT: A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.

Citator

UpLaw has not yet analyzed Phillip Wayne Harris v. David Evans, Commissioner, Lanson Newsome, Deputy Commissioner, A.G. Thomas, Warden. The absence of a flag is not a finding that it is good law.

Cited by: 2 opinions

HARRIS v. EVANS,999 F.2d 1424(11th Cir. 1993)

PHILLIP WAYNE HARRIS, PLAINTIFF-APPELLEE, v. DAVID EVANS, COMMISSIONER,

LANSON NEWSOME, DEPUTY COMMISSIONER, A.G. THOMAS, WARDEN,

DEFENDANTS-APPELLANTS.

No. 89-8589.

United States Court of Appeals, Eleventh Circuit.

August 23, 1993.

Terry L. Long, Office of State Atty. Gen., William B. Hill, Daryl A. Robinson, Atlanta, GA, for defendants-appellants.

James G. Middlebrooks, Smith, Helms, Mullis Moore, Charlotte, NC, for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Georgia. (No. CV 688-139), Dudley H. Bowen, Jr., Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion January 10, 1991, 11th Cir., 1991,920 F.2d 864).

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.^fn*Page 1425

BY THE COURT:

[1] A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

[2] IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

Senior U.S. Circuit Judge Thomas A. Clark has elected to participate in further proceedings in this matter pursuant to28 U.S.C. § 46(c). ↩