IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20540
IN RE DAVID EARL GIBBS,
Movant
Motion for an order authorizing the
United States District Court for the Southern
District of Texas, Houston Division, to consider
a successive habeas 28 U.S.C. § 2254 application
August 21, 2000
Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit
Judges.
BY THE COURT:
I
On August 15, 2000, this court issued an opinion and order
denying authorization to file a successive petition. A three-judge
panel was properly convened and participated at every juncture of
deliberations except the final issuing of the order. One member of
the panel was not available until this morning. We acted as a
quorum to afford Gibbs the maximum opportunity to obtain review.
Instead, Gibbs’s sole response is that the order cannot be issued
by a quorum of a panel. We disagree with that contention.
II
The third member of the panel now being available, the
previous order is re-issued.
So ordered.