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CLINE v. FOX

No. CIV.A. 1:00CV175.

266 F.Supp.2d 489 (2003)

Roger E. CLINE, Plaintiff, v. William M. FOX, Warden, and James Rubenstein, Commissioner, Defendants.

United States District Court, N.D. West Virginia.

March 19, 2003.

Attorney(s) appearing for the Case

Robert M. Bastress, Esquire, Morgantown, WV, for Plaintiff Roger E. Cline.

Barry L. Koerber, Esquire, Assistant Attorney General, Charles Houdyschell, Esquire, Assistant Attorney General, Jendonnae L. Houdyschell, Attorney General Office, Esquire, Senior Assistant Attorney General, WV Division of Corrections, Charleston, WV, for Defendant William M. Fox, Warden.

Barry L. Koerber, Esquire, Assistant Attorney General, Charleston, WV, for Defendant James Rubenstein, Commissioner.

ORDER

KEELEY, District Judge.

This matter comes before the Court on the parties' cross motions for summary judgment. The motions have been fully briefed, oral argument was heard by the Court, and the matters raised are ripe for review. For the reasons that follow, the Court GRANTS the defendants' motion for summary judgment, and DISMISSES IN PART and DENIES IN PART the plaintiffs motion for summary judgment.

BACKGROUND

Plaintiff...

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