Kimberlin v. U.S. Dept. of Justice

Full title: Brett C. KIMBERLIN and Darrell Rice, Appellants, v. UNITED STATES…

Court: United States Court of Appeals, District of Columbia Circuit

Date published: Oct 28, 2003

351 F.3d 1165 (D.C. Cir. 2003)

Opinion

No. 01-5387.

Filed October 28, 2003.

Appeal from the United States District Court for the District of Columbia (No. 97cv02633).

On Appellants' Petition for Rehearing

Before: SENTELLE, HENDERSON, and TATEL,^_ Circuit Judges.

_ Judge Tatel would grant the petition for panel rehearing.

ORDER

PER CURIAM

Upon consideration of the appellants' petition for panel rehearing, filed on March 28, 2003, and the appellees' response thereto, it is

ORDERED that the petition be denied. Our panel disposition of this case remains unchanged after the United States Supreme Court's opinion in Overton v. Bazzetta, 539 U.S. 126, 123 S.Ct. 2162, 156 L.Ed.2d 162 (2003). To the extent that Overton may affect our determination that we "need not invoke the four factor analysis the United States Supreme Court established in Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 2261-62, 96 L.Ed.2d 64 (1987)," Kimberlin v. United States Dep't of Justice, 318 F.3d 228, 232 (D.C. Cir. 2003), our alternative disposition, that the prison regulations banning electric and electronic musical instruments satisfy Safley's test, remains intact, see id. at 233-34.