Opinion
No. 10–14920.
2012-07-13
Wydell EVANS, Petitioner–Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent–Appellee.
Richard E. Kiley, James Vincent Viggiano, Capital Collateral Regional Counsel, Tampa, FL, for Petitioner–Appellant. Kenneth Sloan Nunnelley, Attorney General's Office, Daytona Beach, FL, for Respondent–Appellee.
Richard E. Kiley, James Vincent Viggiano, Capital Collateral Regional Counsel, Tampa, FL, for Petitioner–Appellant. Kenneth Sloan Nunnelley, Attorney General's Office, Daytona Beach, FL, for Respondent–Appellee.
On Appeal from the United States District Court for the Middle District of Florida(No. 6:07–cv–00897–JA–KRS); John Antoon, II, Judge.
(Opinion May 23, 2012, 681 F.3d 1241, 11 th Cir. 2012)
Before DUBINA, Chief Judge, and TJOFLAT, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges.
Prior report: 681 F.3d 1241. BY THE COURT:
A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.