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2020 Supreme(US)(ca5) 44

COURT OF APPEALS FOR THE FIFTH CIRCUIT
John Doe – Appellant
Versus
DeRay Mckesson – Respondent


No. 17-30864 FILED January 28, 2020 Lyle W. Cayce OFFICER JOHN DOE, Police Officer, Clerk

Plaintiff – Appellant v. DERAY MCKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED,

Defendants - Appellees

Appeal from the United States District Court for the Middle District of Louisiana

ON REQUEST FOR A POLL Opinion 945 F.3d 818 (5th Cir. Dec. 16, 2019)

Before JOLLY, ELROD, and WILLETT, Circuit Judges. PER CURIAM: The court having been polled at the request of one of its members, and a majority of the judges who are in regular service and not disqualified not having voted in favor (Fed. R. Ap. P. 35 and 5th Cir. R. 35), rehearing en banc is DENIED. In the en banc poll, eight judges in favor of rehearing (Judge Stewart, Judge Dennis, Judge Southwick, Judge Graves, Judge Higginson, Judge Costa, Judge Willett, a

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