
    No. 09-685 (R46-008).
    Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al., Petitioners v. Ernest Simmons.
    559 U.S. 965, 130 S. Ct. 1574,
    176 L. Ed. 2d 157,
    2010 U.S. LEXIS 1900.
    February 23, 2010.
   The petition for writ of certiorari to the United States Court of Appeals for the Third Circuit in the above-entitled case was dismissed today pursuant to this Court’s Rule 46.1.

Same case below, 590 F.3d 223.  