IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20385
MAX ALEXANDER SOFFAR
Petitioner-Appellant
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION
Respondent-Appellee
- - - - -
Appeal from the United States District Court for the
Southern District of Texas
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion December 21, 2000, 5 Cir., 2000, _____F.3d____)
(May 31, 2001)
Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested
a poll on the petition for rehearing en banc filed by Gary L.
Johnson, and a majority of the judges in active service having
voted in favor of granting the 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.