PUBLISH IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT November 5, 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 _________________________ (November 5, 2007)

ON PETITION FOR REHEARING EN BANC Before TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, BARKETT, HULL, MARCUS, and WILSON, Circuit Judges.* BY THE COURT: The order granting en banc rehearing in this appeal, ___ F.3d ___, 2007 WL 3104941, dated 25 October 2007 is VACATED, and the case is REMANDED to the panel for consideration of the issues raised by State of Alabama in its Petition for Rehearing En Banc.

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