
    Willie Jasper DARDEN, Petitioner, Cross Respondent v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent, Cross Petitioner.
    No. 81-5590.
    United States Court of Appeals, Eleventh Circuit.
    July 1, 1983.
    Opinion Vacated Sept. 1, 1983.
    See 715 F.2d 502.
    Robert Augustus Harper, Jr., Tallahassee, Fla., for petitioner, cross respondent.
    Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent, cross petitioner.
    ON PETITION FOR REHEARING AND PETITION FOR REHEARING ' EN BANC
    (Opinion February 14, 1983, 11 Cir., 1983, 699 F.2d 1031)
    Before GODBOLD, Chief Judge, and RO-NEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.
    
    
      
       Circuit Judge Joseph W. Hatchett, having re-cused himself, did not participate in this decision. Senior Circuit Judge Lewis R. Morgan elected to participate in this decision pursuant to 28 U.S.C. § 46(c).
    
   PER CURIAM:

Because the court is equally divided as to whether to affirm or reverse, the judgment of the district court, 513 F.Supp. 947, is AFFIRMED by operation of law.  