Burns v. Estelle
James Paul Burns v. W. J. Estelle, Jr., Director, Texas Department of Corrections, and Robert Cousins, Warden, Ellis Unit, Texas Department of Corrections
Opinion
598 F.2d 1016
James Paul BURNS, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, and Robert Cousins, Warden, Ellis Unit, Texas Department of Corrections, Respondents-Appellees.
No. 78-3109.
United States Court of Appeals, Fifth Circuit.
June 21, 1979.
Richard J. Clarkson, Beaumont, Tex., for petitioner-appellant.
Joel Berger, New York City Legal Defense Fund and Educational Fund, Inc., NAACP, amicus curiae.
Anita Ashton, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
(Opinion April 11, 1979, 5 Cir., 1979, 592 F.2d 1297 ).
Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE and KRAVITCH, Circuit Judges.
BY THE COURT:
1
A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, 2
IT IS ORDERED that the cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.
BURNS v. ESTELLE
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