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of the United 2004 Decisions States Court of Appeals for the Third Circuit 5-14-2004 Hardcastle v. Horn Precedential or Non-Precedential: Precedential Docket No. 01-9006 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "Hardcastle v. Horn" (2004). 2004 Decisions. Paper 662. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/662 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 2004 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. 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.