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of the United 2008 Decisions States Court of Appeals for the Third Circuit 9-24-2008 Kindler v. Horn Precedential or Non-Precedential: Precedential Docket No. 03-9010 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008 Recommended Citation "Kindler v. Horn" (2008). 2008 Decisions. Paper 434. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/434 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 2008 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: 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