Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

5-14-2004

Hardcastle v. Horn Precedential or Non-Precedential: Precedential

Docket No. 01-9006

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004

Recommended Citation "Hardcastle v. Horn" (2004). 2004 Decisions. Paper 662. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/662

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2004 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________

No: 01-9006 ___________

DONALD HARDCASTLE

v.

MARTIN HORN, COMMISSIONER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS; GEORGE R. WHITE, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH; AND JOSEPH P. MAZURKIEWICZ, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT ROCKVIEW,

Appellants

_________________

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal Action No.98-cv-03028) District Judge: Honorable John R. Padova

Argued on May 20, 2003

Before: SCIRICA,Chief Judge, NYGAARD and ROTH, Circuit Judges ORDER VACATING AND RE-FILING OF OPINION

IT IS ORDERED that the Precedential Opinion filed on May 11, 2004 in the above

case be vacated and re-filed with the dissenting opinion.

By the Court,

/s/ JANE. R. ROTH Circuit Judge

Dated: May 14, 2004 nmb/cc: Robert B. Dunham, Esq. Thomas W. Dolgenos, Esq.