Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

8-10-2005

Michael v. Horn Precedential or Non-Precedential: Non-Precedential

Docket No. 04-9002

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Recommended Citation "Michael v. Horn" (2005). 2005 Decisions. Paper 710. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/710

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 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 04-9002 ___________

HUBERT L. MICHAEL, Appellant v.

MARTIN HORN, Commissioner, Pennsylvania Department of Corrections; *DAVID DIGUGLIELMO, Superintendent of the State Correctional Institution at Graterford; JOSEPH P. MAZURKIEWICZ, Superintendent of the State Correctional Institution at Rockview

(*Amended - See Clerk’s Order dated 1/6/05) ___________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (D.C. Civil No. 96-cv-01554) District Judge: The Honorable Thomas I. Vanaskie

BEFORE: NYGAARD*, AMBRO, and GREENBERG, Circuit Judges ORDER

It is now here ORDERED by this Court that the Court’s Order of July 8, 2005 issued in this case, be, and the same is hereby RECALLED. The Court’s Order of July 7, 2005 is VACATED to the extent that it denied Appellee’s Petition for Panel Rehearing. Panel rehearing is hereby GRANTED, and the Court’s Order of June 2, 2005 is hereby VACATED. ATTEST:

/s/ Marcia M. Waldron Clerk Dated: August 10, 2005 ghb/cc: See Page Two

* Honorable Richard L. Nygaard assumed senior status on July 9, 2005. Michael v. Horn Page Two No. 04-9002 ghb/cc: Joseph M. Cosgrove, Esq. Jonelle H. Eshbach, Esq. Mr. Hubert L. Michael