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

PRECEDENTIAL
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)
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil Action No. 96-cv-01554)
District Judge: Honorable Thomas I. Vanaskie
Argued January 12, 2006
Before: AMBRO, GREENBERG and NYGAARD, Circuit Judges.
(Opinion filed August 18, 2006)
ORDER AMENDING PUBLISHED OPINION
GREENBERG, Circuit Judge

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IT IS NOW ORDERED that the published Opinion in the above case filed
August 18, 2006, be amended as follows:
On page 31, line 7, replace the word “is” with “in”, so that the sentence will
read: “The court started its opinion dismissing the petition by indicating that “[a]t issue
in ....”
On page 32, line 14, replace the word “and” with “an”, so that the sentence
will read: “As did the death-sentenced inmate in Comer [v. Stewart, 230 F. Supp 2d
1016 (D. Ariz. 2002)], Mr. Michael ‘has made a competent and free choice, which is
merely an example ....”
On page 40, line 10, replace the word “give” with “given”, so that the
sentence will read: “That circumstance has given rise to much litigation ....”
By the Court,
/s/ Morton I. Greenberg
Circuit Judge
Dated: August 21, 2006

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