Alberto VALDEZ, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant, 288 F.3d 702

ON PETITION FOR REHEARING EN BANC Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges. EMILIO M. GARZA, Circuit Judge: The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor (Fed. R. App. P. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED.