[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.