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BUSBY v. DAVIS

No. 15-70008.

925 F.3d 699 (2019)

Edward Lee BUSBY, Petitioner-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 20, 2019.

Attorney(s) appearing for the Case

David R. Dow , University of Houston, Law Center, Houston, TX, for Petitioner-Appellant.

Jefferson David Clendenin , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, Tomee Morgan Heining , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before OWEN, GRAVES, and HIGGINSON, Circuit Judges.

We treat Edward Lee Busby's petition for rehearing en banc as a petition for panel rehearing pursuant to Fifth Circuit Internal Operating Procedures under Federal Rule of Appellate Procedure 35. Busby's petition for rehearing is DENIED. The opinion in No. 15-70008, issued June 13, 2018, and reported at

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