                                                                                                                           Opinions of the United
1999 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


4-13-1999

Matteo v. Supt SCI Albion
Precedential or Non-Precedential:

Docket 96-2115




Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

Recommended Citation
"Matteo v. Supt SCI Albion" (1999). 1999 Decisions. Paper 97.
http://digitalcommons.law.villanova.edu/thirdcircuit_1999/97


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Filed April 12, 1999

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

No. 96-2115

ANTHONY N. MATTEO,
        Appellant

v.

SUPERINTENDENT, SCI ALBION;
THE DISTRICT ATTORNEY OF THE COUNTY OF
CHESTER; THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA

On Appeal from the United States District Court
for the Eastern District of Pennsylvania
D.C. Civil Action No. 96-cv-06041
(Honorable Joseph L. McGlynn, Jr.)

Argued January 30, 1998
Before: MANSMANN, COWEN and RENDELL, Circuit Judges

Argued En Banc November 23, 1998
Before: BECKER, Chief Judge, SLOVITER, STAPLETON,
GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS,
McKEE, RENDELL and COWEN, Circuit Judges

(Opinion Filed: March 24, 1999)

ORDER AMENDING OPINION

The slip opinion in the above case filed March 24, 1999
is hereby amended as follows:

1. On page 44, at the end of Section III, the foll owing
sentence should be added:
        Judge Nygaard joins in this concurring opinion.

2. On page 45, line 3 - "Matteos" should be "Matteo's".

3. On page 45, line 5 - "Matteos" should be "Matteo's".

4. On page 45, line 14 - "interpretative" should be
"interpretive".

5. On page 45, line 34 - end the single quote afte r the
word "to".

6. On page 45, line 36 - "petitioners" shoul d be
"petitioner's".

7. On page 47, line 14 - "petitioners" shoul d be
"petitioner's".

8. On page 47, line 30 - "defendants" should     be
"defendant's".

9. On page 47, line 38 - "cases" should be "case's".

10. On page 47, line 40 - "petitioners" should be
"petitioner's".

11. On page 48, line 24 - "Teagues" should be "Teague's".

12. On page 48, line 26 - "(3)" should be "(d)".

13. On page 49, line 10 - "Matteos" should be "Matteo's".

14. On page 49, line 11 - "courts" should be     "court's".

15. On page 49, line 34 - "Matteos" should be "Matteo's".

16. On page 50, line 22 - "Matteos" should be "Matteo's".

17. On page 50, line 24 - "Lubkings" should be
"Lubking's".

18. On page 50, line 28 - "Lubkings" should be
"Lubking's".

19. On page 51, at the beginning of the first full
paragraph, delete "I agree with the majority's analysis of
S 2254(d)(1)" and replace with the following:

        I join in Parts I and II of the majority opinion,

20. On page 63, first full paragraph, line 8 the word
"had" should be "has." The phrase should read: "if the state
        court has disregarded the law or has engaged inflawed
        reasoning in applying it."

21. On page 64, the penultimate line of footnote 7, there
        should be a space between "S7841" and "(daily ed. June 7,
        1995)."

BY THE COURT:

/s/ Anthony J. Scirica
Circuit Judge

        Dated: April 12, 1999

        A True Copy:
        Teste:

Clerk of the United States Court of Appeals
for the Third Circuit
