Helton v. Secretary for Dept. of Corrections, 00-10097

Decision Date17 July 2001
Docket NumberNo. 00-10097,00-10097
Citation257 F.3d 1262
Parties(11th Cir. 2001) Kris Edward HELTON, Plaintiff-Appellee, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Defendant-Appellant.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeal from the United States District Court for the Southern District of Florida (No. 98-10110-CV-NCR); Norman C. Roettger, Jr., Judge.

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.

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