Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 6-12-2007 Nara v. Frank Precedential or Non-Precedential: Precedential Docket No. 05-4779 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "Nara v. Frank" (2007). 2007 Decisions. Paper 846. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/846 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 2007 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 05-4779 ___________ JOSEPH NARA v. FREDERICK FRANK, Appellant ___________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 99-cv-00005) District Judge: The Honorable Terrence F. McVerry Argued on October 26, 2006 BEFORE: SMITH, WEIS, and NYGAARD, Circuit Judges. (Filed May 8, 2007) ORDER AMENDING OPINION (Filed June 12, 2007) ___________ NYGAARD, Circuit Judge: It is now ordered that the published Opinion in the above case, filed on May 8, 2007, is hereby amended as follows: At page 13, line 26, insert the following: “First, the District Court found that the Magistrate Judge served the R&R upon Mr. Nara and the Commonwealth’s attorneys by first-class mail. The Commonwealth has presented no evidence to the contrary.” In the next sentence, delete “First” and insert “Second.” At page 14, line 4, delete “Second” and insert “Finally.” By the Court, /s/ Richard L. Nygaard Circuit Judge