650 S.E.2d 603 (2007)
HARRELL
No. 180P07-2.
HARRELL
v.
Warden MENIFEE.
No. 180P07-2.
Supreme Court of North Carolina.
August 23, 2007.Robert Montgomery, Special Deputy Attorney General, for State of NC.
Prior report: ___ N.C. ___, 645 S.E.2d 381.
The following order has been entered on the motion filed on the 18th day of June 2007 by Plaintiff for Rehearing En Banc:
*604 "Motion Dismissed by order of the Court in conference this the 23rd day of August 2007."