Oliver Cochran v. STEVEN PINCHAK, Administrator of East Jersey State Prison

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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Case No: 02-1047
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OLIVER COCHRAN
Appellant
v.
STEVEN PINCHAK, Administrator of East Jersey State Prison;
PATRICK ARVONIO, Administrator of East Jersey State Prison;
ALFIERO ORTIZ, Assistant Administrator of East Jersey State Prison;
TERRANCE MOORE, Assistant Administrator of East Jersey State Prison;
MICHAEL POWERS; DR. FREDERICK BAUER; LT. "JOHN" MILLER;
SGT. "JOHN" TARZA; DR. FRANKLIN H. SPIRN; DR. HOWARD M. EPSTEIN;
NEW JERSEY DEPARTMENT OF CORRECTIONS; THOMAS D. FARRELL,
Supervisor of the Health Services Unit of the New Jersey
Department of Corrections; SCOTT A. FAUNCE, Administrator of
Bayside State Prison; CHARLES LEONE, Assistant Administrator of
Bayside State Prison; "JANE" MERITT, Classification Supervisor
of Bayside State Prison; "JOHN" BLOUNT, Correction Officer; "JOHN" ALENDE,
Correction Officer; "JOHN" DAVENPORT, Correction Officer;
"JOHN" SNELL, Correction Officer; SERGEANT "JOHN" PERGANSKI,
Correction Officer; SERGEANT "JOHN" DAVIS, Correction Officer;
CORRECTIONAL MEDICAL SERVICES; DR. HERTZEL ZACKAI; DR. "JOHN"
CARLINO; LISA LITTLE, Hospital Administrator for Bayside State Prison;
MARGE AMODEL
Appellees
UNITED STATES OF AMERICA
Intervenor

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Before: SCIRICA, Chief Judge, FISHER and ALDISERT, Circuit Judges,
ORDER SUR PETITION FOR PANEL REHEARING
It appearing that the Supreme Court has before it the consolidated cases of
United States v. Georgia, No. 04-1203, and Goodman v. Georgia, No. 04-1236, cert
granted May 16, 2005, that are appeals from the Court of Appeals for the Eleventh Circuit
which discuss Miller v. King, 384 F.3d. 1248 (11th Cir. 2004), a case relied on by the
majority opinion in the within case, it is ORDERED that the Petitions for Panel
Rehearing be and are hereby GRANTED, that the opinion and judgment in the within
case be VACATED and that the matter be held C.A.V. until such time as the Supreme
Court decides the consolidated cases of United States v. Georgia, No. 04-1203, and
Goodman v. Georgia, No. 04-1236.
BY THE COURT
/s/ Ruggero J. Aldisert
Circuit Judge
Dated: June 17, 2005
CMH/cc: JVD, DMR, SEH

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