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SEPULVADO v. JINDAL

No. 13-70007.

739 F.3d 716 (2013)

Christopher SEPULVADO, Intervenor Plaintiff—Appellee, v. Bobby JINDAL, Governor of Louisiana; James M. LeBlanc, Secretary, Department of Public Safety and Corrections; Burl Cain, Warden, Louisiana State Penitentiary; Angie Norwood, Warden, Death Row; Louisiana Department of Public Safety and Corrections; John Does, Unknown Executioners, Defendants—Appellants.

United States Court of Appeals, Fifth Circuit.

December 23, 2013.

Attorney(s) appearing for the Case

Gary Patrick Clements, Counsel, Kathleen Ann Kelly, Esq., Capital Post—Conviction Project of Louisiana, New Orleans, LA, for Intervenor Plaintiff-Appellee.

Edmond Wade Shows, Shows, Cali, Berthelot & Walsh, L.L.P., Baton Rouge, LA, for Intervenor Plaintiff-Appellee and Defendant-Appellant.

Jacqueline Bordelon Wilson, Shows, Cali, Berthelot & Walsh, L.L.P., Baton Rouge, LA, for Defendants-Appellants.

Before STEWART, Chief Judge, SMITH and SOUTHWICK, Circuit Judges.

PER CURIAM:

ON PETITION FOR PANEL REHEARING AND PETITION FOR RHEARING EN BANC

The petition for panel rehearing is DENIED. The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. 35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED.

In the en banc poll, 4 judges voted in favor of rehearing...

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