810 F2d 1007 Bowen v. Kemp

810 F.2d 1007

Charlie Benson BOWEN, Petitioner-Appellee,
v.
Ralph KEMP, Warden Georgia Diagnostic and Classification
Center, Respondent-Appellant.

No. 84-8327.

United States Court of Appeals,
Eleventh Circuit.

Jan. 28, 1987.

Susan V. Boleyn, William B. Hill, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant.

Paul H. Kehir, Snellville, Ga. (Court-appointed), for petitioner-appellee.

On Appeal from the United States District Court for the Northern District of Georgia; Harold L. Murphy, Judge.

Prior report: 11th Cir., 778 F.2d 623.

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Before RONEY, Chief Judge, GODBOLD, TJOLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges.

ON SUA SPONTE RECONSIDERATION

BY THE COURT:

1

On the Court's own motion, a majority of the judges in active service having voted in favor of rehearing this appeal en banc,

2

IT IS ORDERED that the mandate issued on July 11, 1986, is RECALLED and that this case shall be heard by this court sitting en banc, with oral argument on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs.

3

The previous panel's opinion and the order entered on December 2, 1985, denying rehearing and rehearing en banc are VACATED.