                                                                                                                           Opinions of the United
2008 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


9-24-2008

Kindler v. Horn
Precedential or Non-Precedential: Precedential

Docket No. 03-9010




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Recommended Citation
"Kindler v. Horn" (2008). 2008 Decisions. Paper 434.
http://digitalcommons.law.villanova.edu/thirdcircuit_2008/434


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                          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
