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

6-17-2005

Cochran v. Pinchak Precedential or Non-Precedential: Precedential

Docket No. 02-1047

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Recommended Citation "Cochran v. Pinchak" (2005). 2005 Decisions. Paper 916. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/916

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____________________

Case No: 02-1047 ______________________

OLIVER COCHRAN Appellant

v.

STEVEN PINCHAK, Administrator of East Jersey State Prison; PATRICK ARVONIO, Administrator of East Jersey State Prison; ALFIERO ORTIZ, Assistant Administrator of East Jersey State Prison; TERRANCE MOORE, Assistant Administrator of East Jersey State Prison; MICHAEL POWERS; DR. FREDERICK BAUER; LT. "JOHN" MILLER; SGT. "JOHN" TARZA; DR. FRANKLIN H. SPIRN; DR. HOWARD M. EPSTEIN; NEW JERSEY DEPARTMENT OF CORRECTIONS; THOMAS D. FARRELL, Supervisor of the Health Services Unit of the New Jersey Department of Corrections; SCOTT A. FAUNCE, Administrator of Bayside State Prison; CHARLES LEONE, Assistant Administrator of Bayside State Prison; "JANE" MERITT, Classification Supervisor of Bayside State Prison; "JOHN" BLOUNT, Correction Officer; "JOHN" ALENDE, Correction Officer; "JOHN" DAVENPORT, Correction Officer; "JOHN" SNELL, Correction Officer; SERGEANT "JOHN" PERGANSKI, Correction Officer; SERGEANT "JOHN" DAVIS, Correction Officer; CORRECTIONAL MEDICAL SERVICES; DR. HERTZEL ZACKAI; DR. "JOHN" CARLINO; LISA LITTLE, Hospital Administrator for Bayside State Prison; MARGE AMODEL

Appellees

UNITED STATES OF AMERICA

Intervenor Before: SCIRICA, Chief Judge, FISHER and ALDISERT, Circuit Judges,

ORDER SUR PETITION FOR PANEL REHEARING

It appearing that the Supreme Court has before it the consolidated cases of

United States v. Georgia, No. 04-1203, and Goodman v. Georgia, No. 04-1236, cert

granted May 16, 2005, that are appeals from the Court of Appeals for the Eleventh Circuit

which discuss Miller v. King,

(11th Cir. 2004), a case relied on by the

majority opinion in the within case, it is ORDERED that the Petitions for Panel

Rehearing be and are hereby GRANTED, that the opinion and judgment in the within

case be VACATED and that the matter be held C.A.V. until such time as the Supreme

Court decides the consolidated cases of United States v. Georgia, No. 04-1203, and

Goodman v. Georgia, No. 04-1236.

BY THE COURT

/s/ Ruggero J. Aldisert Circuit Judge

Dated: June 17, 2005 CMH/cc: JVD, DMR, SEH