IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
No. 09-40892
FILED
November 18, 2010
Lyle W. Cayce
OSCAR GABRIEL JIMINEZ; CHANDRA RAE JIMENEZ, Clerk
Plaintiffs ! Appellees
vs.
WOOD COUNTY, TEXAS; SHERIFF DWAINE DAUGHERTY
Defendants ! Appellants
- - - - -
Appeal from the United States District Court for the
Eastern District of Texas
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion September 22, 2010, 5 Cir., 2010, _____F.3d____)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, GARZA,
BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD,
SOUTHWICK and HAYNES, Circuit Judges.
BY THE COURT:
A member of the court having requested a poll on the
petition for rehearing en banc, and a majority of the circuit
judges in regular active service and not disqualified having
voted in favor,
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.