Carl Ray Songer v. Louie L. Wainwright, Etc., and Richard L. Dugger, Etc.

GODBOLD, Chief Judge.

Members of this Court in active service have requested a poll on the application of petitioner for a rehearing en banc on the denial of the motion to recall the mandate and for a stay of execution, and a majority of the active qualified judges have voted in favor of en banc consideration. It is, therefore, ORDERED that petitioner’s application shall be considered en banc.

The Court en banc is informed that the panel of the Court considering the second petition case of Songer v. Wainwright, 756 F.2d 800, intends to issue a stay of execution pending the further order of the…