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

755 F.2d 1395, 1985 U.S. App. LEXIS 28492

Opinion

BY THE COURT:

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

A petition for rehearing has been filed.

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:

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

The petition for panel rehearing is DENIED.