UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______

No. 11-1744 ______

HADDRICK BYRD, Appellant

v.

ROBERT SHANNON, Superintendent SCI-Frackville; V. STANISHEFSKI, Corrections Health Care Administrator SCI-Frackville; JACK ROBINSON, Supervising Nurse SCI-Frackville; H. SPENCER, Nurse SCI-Frackville; DORINA VARNER, Chief Grievance Officer, Camp Hill, PA ______

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 1-09-cv-01551) District Judge: Honorable Sylvia H. Rambo ______

Present: FUENTES, FISHER and COWEN, Circuit Judges. ______

SUR PETITION FOR PANEL REHEARING ______

The petition for panel rehearing filed by Appellant having been submitted to the judges who participated in the decision of this court, it is hereby ORDERED that the petition for panel rehearing is GRANTED. The opinion filed March 11, 2013, is hereby VACATED, and a subsequent opinion will be issued.

The court’s order entered March 27, 2013, denying the motion for stay of the payment of the filing fee is VACATED. Payment of the filing fee shall be stayed pending further order of the court.

BY THE COURT:

/s/ D. Michael Fisher Circuit Judge Dated: April 2, 2013 CJG/cc: Haddrick Byrd Raymond W. Dorian, Esq. Richard H. Frankel, Esq. Alexandra Scanlon Rebecca Trela