Joseph Ferrell v. W. J. Estelle, Jr., Director, Texas Department of Corrections

BY THE COURT:

No petition for rehearing or motion for stay of mandate having been filed within the prescribed 21-day period, a certified copy of this court’s opinion dated March 2, 1978, was issued as and for the mandate in this cause on March 24, 1978. Ferrell v. Estelle, 568 F.2d 1128 (5th Cir. 1978). On April 12, 1978, the respondent moved this court to recall the mandate and to withdraw the opinion on the basis that he has recently discovered that petitioner died January 5, 1978. Respondent advises that he has also moved the district court to which the cause was remanded for relief from…