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EVANS v. SECRETARY PENN. DEPT. OF CORRECTIONS

No. 09-2657.

645 F.3d 650 (2011)

William EVANS, v. *SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS; Attorney General of Pennsylvania; Superintendent of the SCI at Waymart; District Attorney of the County of Lehigh, Appellants. *(Pursuant to Rule 43(c), Fed. R.App. P.).

United States Court of Appeals, Third Circuit.

Filed May 16, 2011.

Attorney(s) appearing for the Case

Jeffrey S. Dimmig, Esq. , Heather F. Gallagher, Esq. [Argued], James B. Martin, Esq. , District Attorney's Office, Allentown, PA, for Appellants.

Michael J. Kelley, Esq. [Argued], Philadelphia, PA, for Appellee.

Before: JORDAN, HARDIMAN and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

The Secretary of the Pennsylvania Department of Corrections and other officials of the Commonwealth (collectively "the Commonwealth")1 appeal the May 29, 2009 Order of the United States District Court for the Eastern District of Pennsylvania granting William Evans's petition for a writ of habeas corpus and ordering Evans's release. The District Court held that Evans's due process rights...

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