Appel v. Horn

Opinion

Opinions of the United

2001 Decisions States Court of Appeals for the Third Circuit

5-21-2001

Appel v. Horn Precedential or Non-Precedential:

Docket 99-9003

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2001

Recommended Citation "Appel v. Horn" (2001). 2001 Decisions. Paper 109. http://digitalcommons.law.villanova.edu/thirdcircuit_2001/109

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Filed May 21, 2001

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 99-9003

MARTIN DANIEL APPEL

v.

MARTIN HORN, COMMISSIONER PENNSYLV ANIA DEPARTMENT OF CORRECTIONS; JAMES S. PRICE, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GREENE AND JOSEPH MAZURKIEWICZ, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT ROCKVIEW, Appellants

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civ. No. 97-cv-02809) District Judge: Hon. William H. Yohn, Jr.

Argued October 5, 2000

Before: BECKER, Chief Judge, SLOVITER and GREENBERG, Circuit Judges

ORDER AMENDING OPINION

IT IS ORDERED that the slip opinion in the above case, filed May 3, 2001, be amended as follows:

The second sentence of footnote 5 on page 16 should be deleted and the following substituted in its stead:

However, the District Court declined to r each that argument when granting Appel's habeas petition, and we see no reason to consider it here.

BY THE COURT:

/s/Dolores K. Sloviter

Circuit Judge

DATED: May 21, 2001

A True Copy: Teste:

Clerk of the United States Court of Appeals for the Third Circuit