Derrick Bell v. KURT JONES , Warden, Carson City Correctional Facility

RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 09a0146p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
_________________
DERRICK BELL ,
Petitioner-Appellant,
v.
KURT J ONES , Warden, Carson City
Correctional Facility,
Respondent-Appellee.
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No. 08-1775
Filed: April 14, 2009
Before: MERRITT, MARTIN, and SUHRHEINRICH, Circuit Judges.
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ORDER
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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
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Clerk
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