McBride v. Sharpe

Full title: EMBERY JACKSON McBRIDE, PETITIONER-APPELLANT, v. BOB SHARPE, WARDEN, DODGE…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Aug 11, 1993

999 F.2d 502 (11th Cir. 1993)

Opinion

No. 91-8087.

August 11, 1993.

Charles E. Johnson, III, Berlin Hodges, Macon, GA, for petitioner-appellant.

Paula K. Smith, Susan V. Boleyn, Atlanta, GA, for respondent-appellee.

Appeal from the United States District Court for the Middle District of Georgia (No. 90-101-COL), J. Robert Elliott, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion January 29, 1993, 11th Cir., 1993, 981 F.2d 1234)

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.^_

_ Senior U.S. Circuit Judge Paul H. Roney has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion for 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.