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.