¶2Phillip Wayne HARRIS, Plaintiff-Appellee,
v.
David EVANS, Commissioner, Lanson Newsome, Deputy
Commissioner, A.G. Thomas, Warden, Defendants-Appellants.
¶3No. 89-8589.
¶4United States Court of Appeals,
Eleventh Circuit.
¶5Aug. 23, 1993.
¶6Terry L. Long, Office of State Atty. Gen., William B. Hill, Daryl A. Robinson, Atlanta, GA, for defendants-appellants.
¶7James G. Middlebrooks, Smith, Helms, Mullis & Moore, Charlotte, NC, for plaintiff-appellee.
¶8Appeal from the United States District Court for the Southern District of Georgia. (No. CV 688-139), Dudley H. Bowen, Jr., Judge.
¶9ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
¶10(Opinion January 10, 1991, 11th Cir., 1991, 920 F.2d 864).
¶11Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.*
¶12BY THE COURT:
¶13A 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,
¶14IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
¶15 Senior U.S. Circuit Judge Thomas A. Clark has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c)