No: 03-9010 and 03-9011 JOSEPH J. KINDLER v. MARTIN HORN, Commissioner, Pennsylvania Department of Corrections

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 03-9010 and 03-9011
JOSEPH J. KINDLER
v.
MARTIN HORN, Commissioner, Pennsylvania Department of Corrections;
*DAVID DIGUGLIELMO, Superintendent of the State Correctional
Institution at Graterford; JOSEPH P. MAZURKIEWICZ, Superintendent
of the State Correctional Institution at Rockview,
Appellants
(*Amended - See Clerk's Order dated 1/6/05)
Argued October 15, 2007
BEFORE: McKEE, FUENTES, and STAPLETON Circuit Judges
ORDER AMENDING OPINION
IT IS HEREBY ORDERED, that the Slip Opinion filed in this case filed on
September 3, 2008, be amended as follows:
In the second paragraph on page 15, the sentence which reads: “Accordingly, “the
fugitive forfeiture rule . . . [did] not provide an adequate basis to preclude federal
review of [Kindler’s] habeas claims . . .”.” should be changed to read as follows:
“Accordingly, the district court held that “the fugitive forfeiture rule . . . [did] not
provide an adequate basis to preclude federal review of [Kindler’s] habeas claims
. . .”
BY THE COURT,
/s/ Theodore A. McKee
Circuit Judge
DATED: September 24, 2008

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