IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED March 12, 2008 No. 05-70038 Charles R. Fulbruge III ERIC LYNN MOORE Clerk Petitioner-Appellee versus NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION Defendant-Appellant - - - - - Appeal from the United States District Court for the Eastern District of Texas, Tyler Division - - - - - ON PETITION FOR REHEARING EN BANC (Opinion June 29, 2006, 5 Cir., 2006,_____F.3d_____) (Opinion June 27, 2007, 5 Cir., 2007, _____F.3d_____)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.

BY THE COURT: A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed.

The Clerk will specify a briefing schedule for the filing of en banc briefs.