05-9008 Brian Thomas v. Martin Horn

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
July 8, 2009
Nos. 05-9006 & 05-9008
BRIAN THOMAS,
Appellant/Cross-Appellee
v.
MARTIN HORN, et al.,
Appellees/Cross-Appellants
(E.D. Pa No. 00-cv-00803)
Present: McKEE, SMITH and STAPLETON, Circuit Judges
1. Letter construed as Motion by Appellant/Cross-Appellee for Correction of
Error in Opinion of the Court Issued on July 1, 2009.
2. Letter by Appellees/Cross-Appellants in Response to Letter construed as a Motion
for Correction of Error in Opinion of the Court.
/s/ Nicole M. Rees
Argued on May 1, 2009. Case Manager (267)299-4924
Opinion and Judgment filed July 1, 2009.
O R D E R
After reviewing the materials submitted by the Appellant/Cross-Appellee, which included, for the first
time, his petition for habeas relief, the Motion for Correction of Error in Opinion of the Court is
GRANTED. Footnote 2 on pages 7–8 of the Opinion of the Court will be amended as follows:
“it does not appear that Thomas raised these claims in his habeas petition, see id. at
495–96, 498” shall be replaced with “it does not appear that the Commonwealth has
raised this issue in its cross-appeal”.
By the Court,
/s/ D. Brooks Smith
Circuit Judge
Dated: July 15, 2009
nmr/cc: Robert M. Falin, Esq.
David C. Glebe, Esq.
Billy H. Nolas, Esq.

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