UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT January 7, 2011 No. 10-2966 Efrain Hidalgo, Sr., Appellant v. Raymond Sobina, et al.

(W.D. Pa. No. 3-08-cv-00138) Present: BARRY and STAPLETON, Circuit Judges Motion by Appellant to File Exhibit to Petition for Rehearing.

Respectfully, Stephanie/smw _________________________________ORDER________________________________ The motion for leave to file an exhibit to the petition for rehearing is granted. The petition for panel rehearing is granted and the Court's order, filed December 3, 2010, is hereby vacated. As Judge Fisher is recused, this appeal will be assigned to a reconstituted panel of the Court.

By the Court, /s/Maryanne Trump Barry Circuit Judge Dated: February 10, 2011 Smw/cc: Efrain Hidalgo, Sr. Andrea F. McKenna, Esq.

A True Copy :

Marcia M . Waldron, Clerk