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