PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-2163

ERIC GREENE also known as JARMAINE Q. TRICE v. JOHN A. PALAKOVICH; THE DISTRICT ATTORNEY OF THE PHILADELPHIA COUNTY; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA Eric Greene, Appellant

On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court No. 04-cv-05200 District Judge: The Honorable Clifford Scott Green

Argued March 8, 2010 Before: AMBRO, SMITH, and MICHEL,* Circuit Judges (Opinion Filed: May 28, 2010) ORDER AMENDING DISSENTING OPINION

* At the time this matter was submitted to the Court, Judge Michel, who sat by designation, was a member of the panel. As Judge Michel retired from the Federal bench on May 31, 2010, this order is filed by a quorum of the panel. 28 U.S.C. § 46(d).

AMBRO, Circuit Judge IT IS NOW ORDERED that the published Dissenting Opinion in the above case filed May 28, 2010, be amended as follows: On page 14, carryover paragraph, line 6, change “bright-line” to “bright line”.

On page 19, footnote 9, line 4, change “[its]” to “[their]”.

On page 22, carryover paragraph, line 7, change “places” to “does not place”.

By the Court,

/s/ Thomas L. Ambro, Circuit Judge Dated: July 22, 2010