PUBLISH IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________________ FILED U.S. COURT OF APPEALS No. 98-8899 ELEVENTH CIRCUIT ________________________________ 12/06/99 D.C. Docket No. 5:97-CV-79-4 THOMAS K. KAHN CLERK FREDERICK LAMAR HARRIS, DANNY CHADWICK, et al.,

Plaintiffs-Appellants, versus

WAYNE GARNER, Commissioner of the Georgia Department of Corrections, A. G. THOMAS, Director of Facilities Division of the Georgia Department of Corrections, et al.,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court for the Middle District of Georgia _________________________________________________________________

(Opinion September 30, 1999, 190 F.3d 1279, 11th Cir., 1999)

(December 6, 1999)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on the suggestions

of 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.