Ronald Rompilla v. Martin Horn, Commissioner, Pennsylvania Department of Corrections Martin Horn, Appellant/cross-Appellee , 359 F.3d 310 ( 2004 )

SUR PETITION FOR REHEARING

ALITO, Circuit Judge.

The petition for rehearing filed by ap-pellee/eross appellant in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court en banc, the petition for rehearing is denied. Judges Sloviter and McKee would have granted rehearing en banc for the reasons set forth in the dissent. Judges Nygaard, Ambro and Smith would have granted rehearing en banc.