Hubert L. Michael v. MARTIN HORN, Commissioner, Pennsylvania Department of Corrections

THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 04-9002
___________
HUBERT L. MICHAEL,
Appellant
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
(*Amended - See Clerk’s Order dated 1/6/05)
___________
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
(D.C. Civil No. 96-cv-01554)
District Judge: The Honorable Thomas I. Vanaskie
BEFORE: NYGAARD*, AMBRO, and GREENBERG, Circuit Judges
O R D E R
It is now here ORDERED by this Court that the Court’s Order of July 8, 2005
issued in this case, be, and the same is hereby RECALLED. The Court’s Order of July 7,
2005 is VACATED to the extent that it denied Appellee’s Petition for Panel Rehearing.
Panel rehearing is hereby GRANTED, and the Court’s Order of June 2, 2005 is hereby
VACATED.
ATTEST:
/s/ Marcia M. Waldron
Clerk
Dated: August 10, 2005
ghb/cc: See Page Two
* Honorable Richard L. Nygaard assumed senior status on July 9, 2005.

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Michael v. Horn
Page Two
No. 04-9002
ghb/cc: Joseph M. Cosgrove, Esq.
Jonelle H. Eshbach, Esq.
Mr. Hubert L. Michael

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