Phillip Fantone v. Fred Latini, No. 13-3611 (3d Cir. 2015)

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This opinion or order relates to an opinion or order originally issued on February 18, 2015.

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 13-3611 ________________ PHILLIP LEE FANTONE, Appellant v. FRED LATINI, JOE BURGER, and RON MACKEY ________________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civ. No. 2-12-cv-01691) Honorable Cynthia R. Eddy, Magistrate Judge ________________ BEFORE: VANASKIE, GREENBERG, and COWEN, Circuit Judges ORDER AMENDING OPINION The opinion filed February 18, 2015 is hereby amended as follows: The sentence starting at the bottom of page 18 and continuing to the top of page 19 is amended to read as follows: The Supreme Court explained in Haines that a pro se complaint, “however inartfully pleaded,” must be held to “less stringent standards than formal pleadings drafted by lawyers,” id. at 520-21, 92 S.Ct. at 596, but we nonetheless review the pleading to ensure that it has “sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949 (2009). Following this sentence the first letter in the first word of the citation. i.e. see, to Erickson v. Pardus shall be capitalized. This amendment does not alter the prior disposition of the Court and the judgment entered on February 18, 2015 shall not be amended. By the Court, s/ Morton I. Greenberg Circuit Judge Dated: SLC/cc: March 24, 2015 Tarah E. Ackerman, Esq. Thomas S. Jones, Esq. Peter D. Laun, Esq. Kemal A. Mericli, Esq.

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