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FAHY v. HORN

No. 99-9007.

240 F.3d 239 (2001)

Henry Fahy, v. Martin Horn, Commissioner, Pennsylvania Department of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution at Greene, and; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Martin Horn; Conner Blaine, Jr.; Joseph P. Mazurkiewicz, Appellants.

United States Court of Appeals, Third Circuit.

Filed February 9, 2001.

Attorney(s) appearing for the Case

Ronald Eisenberg (Argued), Office of the District Attorney, Philadelphia, PA, for Appellants.

Matthew C. Lawry (Argued), Billy H. Nolas, Kathy Swedlow, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellee.

BEFORE: NYGAARD, McKEE, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The appellants in this capital case are Martin Horn, the Commissioner of the Pennsylvania Department of Corrections, Conner Blaine, Jr., the Superintendent of the State Correctional Institution at Greene, and Joseph P. Mazurkiewicz, the Superintendent of the State Correctional Institution at Rockview. We refer to these parties collectively as "the Commonwealth....

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