Hardcastle v. Horn

Opinion

Opinions of the United

2004 Decisions States Court of Appeals for the Third Circuit

5-14-2004

Hardcastle v. Horn Precedential or Non-Precedential: Precedential

Docket No. 01-9006

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Recommended Citation "Hardcastle v. Horn" (2004). 2004 Decisions. Paper 662. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/662

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

____________

No: 01-9006

___________

DONALD HARDCASTLE

v.

MARTIN HORN, COMMISSIONER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS;

GEORGE R. WHITE, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION

AT PITTSBURGH; AND JOSEPH P. MAZURKIEWICZ, SUPERINTENDENT OF THE STATE

CORRECTIONAL INSTITUTION AT ROCKVIEW,

Appellants

_________________

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal Action No.98-cv-03028) District Judge: Honorable John R. Padova

Argued on May 20, 2003

Before: SCIRICA,Chief Judge, NYGAARD and ROTH, Circuit Judges

ORDER VACATING AND RE-FILING OF OPINION

IT IS ORDERED that the Precedential Opinion filed on May 11, 2004 in the above

case be vacated and re-filed with the dissenting opinion.

By the Court,

/s/ JANE. R. ROTH Circuit Judge

Dated: May 14, 2004 nmb/cc: Robert B. Dunham, Esq.

Thomas W. Dolgenos, Esq.