PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 06-4606 JAMES DOUGLAS CLAUSELL, Petitioner, v. LYDELL SHERRER; THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, ANNE MILGRAM*, Respondents. (*Anne Milgram is substituted for her predecessor, Stuart Rabner, as Attorney General of the State of New Jersey, pursuant to Fed. R. App. P. 43(c)(2).) Appeal from the United States District Court for the District of New Jersey (No. 04-cv-03857) District Court Judge: Honorable Noel L. Hillman Submitted Under Third Circuit L.A.R. 34.1(a) November 9, 2009 Before: AMBRO, GARTH and ROTH, Circuit Judges. (Opinion Filed: February 5, 2010) ORDER AMENDING CONCURRING OPINION AMBRO, Circuit Judge IT IS NOW ORDERED that the published Concurring Opinion in the above case filed February 5, 2010, be amended as follows: On page 18, first paragraph, third line, replace “n.5” with “n.6”. On page 18, second paragraph, second line, replace “id. at 10 n.6” with “id.”. By the Court, /s/ Thomas L. Ambro, Circuit Judge Dated: March 23, 2010 PDB/cc: All Counsel of Record 2