Haynes v. Cain

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-31012 BRANDON HAYNES Petitioner-Appellee versus BURL CAIN, Warden, Louisiana State Penitentiary Respondent-Appellant - - - - - Appeal from the United States District Court for the Western District of Louisiana - - - - - ON PETITION FOR REHEARING EN BANC (Opinion November 27, 2001, 5 Cir., 2001, _____F.3d____) (March 4, 2002) BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, 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 with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.