Derrick Bell v. Kurt Jones

Filing 920090414

Opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0146p.06

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT _________________ X > , N

DERRICK BELL, Petitioner-Appellant, v. KURT JONES, Warden, Carson City Correctional Facility, Respondent-Appellee.

No. 08-1775

Filed: April 14, 2009 Before: MERRITT, MARTIN, and SUHRHEINRICH, Circuit Judges. _________________ ORDER _________________ Derrick Bell, a pro se Michigan prisoner, petitions the court to rehear en banc an order denying him a certificate of appealability. The motion has been referred to this panel of three judges, two of whom are senior judges, on which the original deciding judge does not sit, for a determination on the merits of the petition for rehearing. We conclude that the original deciding judge did not misapprehend or overlook any point of law or fact when he issued his order, and, accordingly, declines to rehear the matter. Fed. R. App. P. 40(a). The Clerk shall now refer the matter to all of the active eligible members of the court for further proceedings on the suggestion for en banc rehearing.

ENTERED BY ORDER OF THE COURT /s/ Leonard Green ___________________________________ Clerk

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