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NAPIER v. PRESLICKA

No. 00-13064.

331 F.3d 1189 (2003)

Louis NAPIER, Plaintiff-Appellant, v. Karen J. PRESLICKA, Jacksonville Sheriff's Officer, Sandra M. Pomeroy, Jacksonville Sheriff's Officer, # 6720, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 27, 2003.

Attorney(s) appearing for the Case

Randall C. Berg, Jr. (Court-Appointed), Florida Justice Institute, Inc., Miami, FL, for Plaintiff-Appellant.

T.A. Delegal, III, Delegal & Merrett, Scott Douglas Makar, Assistant General Counsel, Appellate and Local Government Law Division, Office of General Counsel, Jacksonville, FL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

(Opinion Dec. 10, 2002, 11th Cir., 314 F.3d 528)

BY THE COURT:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED.

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