
    Marvin Edwin JOHNSON, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee.
    No. 89-3195.
    United States Court of Appeals, Eleventh Circuit.
    Dec. 18, 1990.
    Billy H. Ñolas, Larry H. Spalding, Office of Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.
    Mark Menser, Asst. Atty. Gen., Dept, of Legal Affairs, Tallahassee, Fla., for respondent-appellee.
    
      
      
         Senior U.S. Circuit Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
    
   ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, BIRCH and DUBINA, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc with oral argument on a date hereafter to be fixed. The previous panel’s opinion is hereby VACATED.

The clerk will specify a briefing schedule for the filing of en banc briefs.  