UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________ No. 10-2367 _____________

NICOLE SCHNEYDER

v.

GINA SMITH, Appellant

v. LAURA DAVIS, ESQUIRE; THE DEFENDER ASSOCIATION OF PHILADELPHIA

On Appeal from the United States District Court for the Eastern District of Pennsylvania

District Court No. 2-06-cv-04986

District Judge: The Honorable Jan E. Dubois _____________

Argued January 26, 2011

Before: McKEE, Chief Judge, SMITH, Circuit Judge, and STEARNS, District Judge*

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the concurrence filed on July 29, 2011,

is hereby vacated. A corrected concurrence shall be filed forthwith. There are no

substantive changes to the concurrence.

* The Honorable Richard G. Stearns, United States District Judge for the District of Massachusetts, sitting by designation. BY THE COURT:

/s/ Theodore A. McKee CHIEF CIRCUIT JUDGE

Dated: August 5, 2011 tmk/cc: Daniel Silverman, Esq. Peter Carr, Esq. Alison J. Guest, Esq. Todd M. Mosser, Esq. Joseph Goldberg, Esq. Michael B. Pullano, Esq.