[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JULY 17, 2001

No. 00-10097 THOMAS K. KAHN

CLERK

D.C. Docket No. 99-10110-CIV-ROETTGER KRIS EDWARD HELTON,

Plaintiff-Appellee,

versus SECRETARY FOR THE DEPARTMENT OF CORRECTIONS,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Florida

(July 17, 2001) Before TJOFLAT, HILL, and POLITZ*, Circuit Judges.

PER CURIAM:

The petition for rehearing filed by the Secretary for the Department of Corrections is GRANTED. The panel’s prior opinion, Helton v. Secretary for the Dep’t of Corrections, 233 F.3d 1322 (11th Cir. 2000), is hereby VACATED.

SO ORDERED. ___________________________________ *Honorable Henry A. Politz, U.S. Circuit Judge for the Fifth Circuit, sitting by designation.