815 F. 2d 37 - Miller v. L Henman

815 F2d 37 Miller v. L Henman

815 F.2d 37

James MILLER, Petitioner-Appellant,
v.
Gary L. HENMAN, Warden, United States Penitentiary, Marion,
Illinois, Respondent-Appellee.

No. 86-1035.

United States Court of Appeals,
Seventh Circuit.

March 24, 1987.

1

Appeal from the United States District Court for the Southern District of Illinois, Benton Division. No. CV 84-4066; Kenneth J. Meyers, Magistrate

2

Before EASTERBROOK, Circuit Judge, RIPPLE, Circuit Judge and GRANT, Senior District Judge*.

3

Prior report: 7th Cir., 804 F.2d 421.

ORDER

4

Petitioner-appellant filed a petition for rehearing and suggestion of rehearing en banc on December 13, 1986. All of the judges on the panel have voted to deny rehearing. After a poll of the judges in regular active service, the suggestion of rehearing en banc fails. Judges Bauer, Cudahy, and Flaum voted to hear the case en banc.

5

The petition for rehearing is denied.

*

The Honorable Robert A. Grant, of the Northern District of Indiana, sitting by designation