Carl Ray Songer v. Louie L. Wainwright, Etc., and Richard L. Dugger, Etc.

755 F.2d 1395

Carl Ray SONGER, Petitioner-Appellant,
v.
Louie L. WAINWRIGHT, etc., and Richard L. Dugger, etc.,
Respondents-Appellees.

No. 83-3500.

United States Court of Appeals,
Eleventh Circuit.

Feb. 1, 1985.

Joseph Jordan, West Palm Beach, Fla., Deval L. Patrick, NAACP Legal Defense Fund, New York City, for petitioner-appellant.

Frank Lester Adams, III, Peggy A. Ouince, Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Appeal from the United States District Court for the Middle District of Florida; HOWELL W. MELTON, Judge.

Prior report: 755 F.2d 1394.

Before RONEY and VANCE, Circuit Judges, and SIMPSON, Senior Circuit Judge.

BY THE COURT:

1

On January 29, 1985 this Court denied a motion to recall the mandate pending en banc consideration of Hitchcock v. Wainwright, No. 83-3578.

2

A petition for rehearing has been filed.

3

Since further proceedings are pending before other courts, on the basis of a record which is not before this panel, the order denying recall of the mandate is amended by deleting therefrom the following sentence:

4

All of Songer's claims have been fully litigated and decided.

5

The petition for panel rehearing is DENIED.