Case: 11-50814

Document: 00511754322

Page: 1

Date Filed: 02/10/2012

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 11-50814 TEXAS MEDICAL PROVIDERS PERFORMING ABORTION SERVICES, a class represented by Metropolitan OBGYN, P.A.; on behalf of itself and its patients seeking abortions, doing business as Reproductive Services of San Antonio; ALAN BRAID, on behalf of himself and his patients seeking abortions, Plaintiffs - Appellees
v.

DAVID LAKEY, Commissioner of the Texas Department of State Health Services, in his official capacity; MARl ROBINSON, Executive Director of the Texas Medical Board, in her official capacity, Defendants - Appellants Appeal from the United States District Court for the
Western District of Texas, Austin
ON PETITION FOR REHEARING EN BANC (Opinion 01110/2012, 5 Cir., _ _ _ _ _ _ _ _ _ _, F.3d _ _ _ _ _ ) Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PE;YCURIAM:

V>

Treating the Petition for Rehearing En Bane as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Bane (FED. R. ApP. P. and 5TH CrR. R. 35), the Petition for Rehearing En Bane is DENIED.

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Case: 11-50814

Document: 00511754322

Page: 2

Date Filed: 02/10/2012

() Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED. ENTERED FOR THE COURT:

United States C r t Judge

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Case: 11-50814

Document: 00511754353

Page: 1

Date Filed: 02/10/2012

United States Court of Appeals FIFTH CIRCUIT
OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130

February 10, 2012 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: No. 11-50814 Texas Medical Providers, et al v. David Lakey, et al USDC No. 1:11-CV-486

Enclosed is an order entered in this case. Sincerely, LYLE W. CAYCE, Clerk

By:_________________________ Renee S. McDonough, Deputy Clerk 504-310-7673 Mr. Ms. Mr. Mr. Ms. Ms. Mr. Mr. Ms. Mr. Mr. Mr. Mr. Mr. Ms. Mr. Mr. Samuel Brown Casey Kathleen A. Cassidy Goodman Arthur Cleveland D'Andrea Richard Alan Grigg Susan Lea Hays Bonnie Scott Jones Gary G. Kreep Joseph Alexander Lawrence Jamie A. Levitt Paul Benjamin Linton Jeffrey Carl Mateer Jonathan Franklin Mitchell Allan Edward Parker Jr. William Putnicki Julie Rikelman Andrew Layton Schlafly Walter Martin Weber