IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-30443 March 11, 2009 Charles R. Fulbruge III JOHN THOMPSON Clerk Plaintiff-Appellee vs.

HARRY F. CONNICK, in his official capacity as District Attorney; ERIC DUBELIER, in his official capacity as Assistant District Attorney; JAMES WILLIAMS, in his official capacity as Assistant District Attorney; EDDIE JORDAN, in his official capacity as Assistant District Attorney; ORLEANS PARISH DISTRICT ATTORNEY’S OFFICE Defendants-Appellants - - - - - Appeal from the United States District Court for the Eastern District of Louisiana - - - - - ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC (Opinion December 19, 2008, 5 Cir., 2008, ____F.3d____) (March 11, 2009) BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1 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 supplemental briefs.

Judge Dennis is recused and did not participate in this decision.