Opinions of the United 2001 Decisions States Court of Appeals for the Third Circuit 5-21-2001 Appel v. Horn Precedential or Non-Precedential: Docket 99-9003 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2001 Recommended Citation "Appel v. Horn" (2001). 2001 Decisions. Paper 109. http://digitalcommons.law.villanova.edu/thirdcircuit_2001/109 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2001 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. Filed May 21, 2001 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 99-9003 MARTIN DANIEL APPEL v. MARTIN HORN, COMMISSIONER PENNSYLV ANIA DEPARTMENT OF CORRECTIONS; JAMES S. PRICE, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GREENE AND JOSEPH MAZURKIEWICZ, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT ROCKVIEW, Appellants On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civ. No. 97-cv-02809) District Judge: Hon. William H. Yohn, Jr. Argued October 5, 2000 Before: BECKER, Chief Judge, SLOVITER and GREENBERG, Circuit Judges ORDER AMENDING OPINION IT IS ORDERED that the slip opinion in the above case, filed May 3, 2001, be amended as follows: The second sentence of footnote 5 on page 16 should be deleted and the following substituted in its stead:  However, the District Court declined to r each that argument when granting Appel's habeas petition, and we see no reason to consider it here. BY THE COURT: /s/Dolores K. Sloviter Circuit Judge DATED: May 21, 2001 A True Copy: Teste: Clerk of the United States Court of Appeals for the Third Circuit 2