Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

8-21-2006

Michael v. Horn Precedential or Non-Precedential: Precedential

Docket No. 04-9002

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Recommended Citation "Michael v. Horn" (2006). 2006 Decisions. Paper 505. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/505

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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)

Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil Action No. 96-cv-01554) District Judge: Honorable Thomas I. Vanaskie

Argued January 12, 2006

Before: AMBRO, GREENBERG and NYGAARD, Circuit Judges.

(Opinion filed August 18, 2006)

ORDER AMENDING PUBLISHED OPINION

GREENBERG, Circuit Judge IT IS NOW ORDERED that the published Opinion in the above case filed August 18, 2006, be amended as follows:

On page 31, line 7, replace the word “is” with “in”, so that the sentence will read: “The court started its opinion dismissing the petition by indicating that “[a]t issue in ....”

On page 32, line 14, replace the word “and” with “an”, so that the sentence will read: “As did the death-sentenced inmate in Comer [v. Stewart, 230 F. Supp 2d 1016 (D. Ariz. 2002)], Mr. Michael ‘has made a competent and free choice, which is merely an example ....”

On page 40, line 10, replace the word “give” with “given”, so that the sentence will read: “That circumstance has given rise to much litigation ....”

By the Court, /s/ Morton I. Greenberg Circuit Judge

Dated: August 21, 2006

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