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WALKER v. TRUE

No. 04-22.

411 F.3d 467 (2005)

Darick Demorris WALKER, Petitioner-Appellant, v. Page TRUE, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

June 10, 2005.

Attorney(s) appearing for the Case

David William Ogden, Lara Ann Englund, Eric James Hougen, Edward Nathan Siskel, Kurt William Meyers, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, David Patrick Donovan, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, McLean, VA, for Petitioner-Appellant.

Robert Quentin Harris, Assistant Attorney General, Jerry Walter Kilgore, Attorney General, Office of the Attorney General of Virginia, Richmond, VA, for Respondent-Appellee.

ORDER

Appellant filed a petition for rehearing en banc, and appellee filed an opposition to the petition.

A member of the Court requested a poll on the petition for rehearing en banc. The poll failed to produce a majority of judges in active service in favor of rehearing en banc. Chief Judge Wilkins, Judges Widener, Wilkinson, Niemeyer, Luttig, Williams, Michael, Motz, Traxler, King, Shedd and Duncan voted against rehearing en banc. Judge Gregory voted in...

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