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

756 F.2d 799, 1985 U.S. App. LEXIS 28734

Opinions

GODBOLD, Chief Judge.

Members of this Court in active service have requested a poll on the application of petitioner for a rehearing en banc on the denial of the motion to recall the mandate and for a stay of execution, and a majority of the active qualified judges have voted in favor of en banc consideration. It is, therefore, ORDERED that petitioner’s application shall be considered en banc.

The Court en banc is informed that the panel of the Court considering the second petition case of Songer v. Wainwright, 756 F.2d 800, intends to issue a stay of execution pending the further order of the Court. Action by the Court en banc on the matter of the recall of the mandate and the matter of a stay is, therefore, held in abeyance, since it appears that the matter of a stay will be mooted by the action of the panel in No. 85-3064 and that action on the recall of the mandate is not necessary.