Neal v. Puckett

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60511 HOWARD MONTEVILLE NEAL Petitioner-Appellant versus STEVE W. PUCKETT, Commissioner, Mississippi Department of Corrections; JAMES ANDERSON, Superintendent, Mississippi State Penitentiary Respondents-Appellees - - - - - Appeal from the United States District Court for the Southern District of Mississippi - - - - - ON PETITIONS FOR REHEARING AND REHEARING EN BANC (Opinion January 18, 2001, 5 Cir., 2001, _____F.3d____) (September 5, 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 and a majority of the judges in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that this cause shall be reheard by the court en banc without oral argument. The Clerk will specify a briefing schedule for the filing of supplemental briefs.