Kris Edward Helton v. Sec. for the Dept. of Corr. ( 2000 )

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 17, 2001
No. 00-10097 THOMAS K. KAHN
CLERK
D.C. Docket No. 99-10110-CIV-ROETTGER
KRIS EDWARD HELTON,
Plaintiff-Appellee,
versus
SECRETARY FOR THE DEPARTMENT
OF CORRECTIONS,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Florida
(July 17, 2001)
Before TJOFLAT, HILL, and POLITZ*, Circuit Judges.
PER CURIAM:
The petition for rehearing filed by the Secretary for the Department of
Corrections is GRANTED. The panel’s prior opinion, Helton v. Secretary for the
Dep’t of Corrections, 233 F.3d 1322 (11th Cir. 2000), is hereby VACATED.
SO ORDERED.
___________________________________
*Honorable Henry A. Politz, U.S. Circuit Judge for the Fifth Circuit, sitting by
designation.