                                                                                                                           Opinions of the United
2004 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


5-14-2004

Hardcastle v. Horn
Precedential or Non-Precedential: Precedential

Docket No. 01-9006




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Recommended Citation
"Hardcastle v. Horn" (2004). 2004 Decisions. Paper 662.
http://digitalcommons.law.villanova.edu/thirdcircuit_2004/662


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                UNITED STATES COURT OF APPEALS
                     FOR THE THIRD CIRCUIT
                          ____________

                              No: 01-9006
                              ___________

                       DONALD HARDCASTLE


                                     v.

  MARTIN HORN, COMMISSIONER, PENNSYLVANIA DEPARTMENT OF
                        CORRECTIONS;
 GEORGE R. WHITE, SUPERINTENDENT OF THE STATE CORRECTIONAL
                         INSTITUTION
AT PITTSBURGH; AND JOSEPH P. MAZURKIEWICZ, SUPERINTENDENT OF
                          THE STATE
           CORRECTIONAL INSTITUTION AT ROCKVIEW,

                                    Appellants

                          _________________

               Appeal from the United States District Court
                 for the Eastern District of Pennsylvania
                (D.C. Criminal Action No.98-cv-03028)
                District Judge: Honorable John R. Padova



                        Argued on May 20, 2003

    Before: SCIRICA,Chief Judge, NYGAARD and ROTH, Circuit Judges
               ORDER VACATING AND RE-FILING OF OPINION


      IT IS ORDERED that the Precedential Opinion filed on May 11, 2004 in the above

case be vacated and re-filed with the dissenting opinion.


                                         By the Court,

                                         /s/ JANE. R. ROTH
                                         Circuit Judge


Dated: May 14, 2004
nmb/cc: Robert B. Dunham, Esq.
        Thomas W. Dolgenos, Esq.
