PUBLISH

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT October 25, 2007 No. 07-14956 THOMAS K. KAHN ________________________ CLERK

D. C. Docket No. 07-00295-CV-MEF-WC

DANIEL LEE SIEBERT,

Plaintiff-Appellant,

versus

RICHARD ALLEN, Commissioner, Alabama Department of Corrections, individually and in his official capacity, GRANTT CULLIVER, Warden, Holman Correctional Facility, in his individual and official capacity,

Defendants-Appellees.

________________________

On Appeal from the United States District Court for the Middle District of Alabama _________________________ (October 25, 2007)

ON PETITION FOR REHEARING EN BANC

Before TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, BARKETT, HULL, MARCUS, and WILSON, Circuit Judges.*

BY THE COURT:

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

Petition for Rehearing En Banc filed by the Defendants-Appellees on 25 October

2007, and a majority of the judges of this court in active service (available and not

recused) 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 opinion and stay entered by the panel on 24 October 2007 is hereby

VACATED. The en banc Court sua sponte hereby STAYS the execution of the

Plaintiff-Appellant pending further en banc consideration of this case.

* Chief Judge Edmondson has not participated in this order. Judges Ed Carnes and William H. Pryor Jr. have recused themselves and will not participate.

2