SONGER v. WAINWRIGHT

No. 85-3064.

756 F.2d 800 (1985)

Carl Ray SONGER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, Richard Dugger, Superintendent, Florida State Prison, Starke, Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 5, 1985.


Attorney(s) appearing for the Case

Deval L. Patrick, New York City, Dorean M. Koenig, Lansing, Mich., for petitioner-appellant.

Peggy A. Quince, Asst. Atty. Gen., Tampa, Fla., for respondents-appellees.

Before GODBOLD, Chief Judge, HILL and KRAVITCH, Circuit Judges.


ORDER (INCLUDING STAY OF EXECUTION)

BY THE COURT:

A motion to recall the mandate and for stay of execution has been denied by another panel of this court in the case of Songer v. Wainwright, 756 F.2d 799, the case concerning Songer's first federal habeas petition. A majority of the active qualified judges of the court have voted in favor of en banc rehearing of that motion and an order to that effect has been entered...

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