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CLINE v. FOX

No. CIV.A. 100CV175.

282 F.Supp.2d 490 (2003)

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

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

September 12, 2003.

Attorney(s) appearing for the Case

Robert M. Bastress, Esquire, WVU College of Law, Morgantown, Counsel for Plaintiff Roger E. Cline.

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

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

ORDER

KEELEY, District Judge.

This matter comes before the Court on the plaintiff's Motion to Reconsider the Court's March 19, 2003 Order. The motion is fully briefed and ripe for review. For the following reasons, the Court grants the plaintiff's motion.

BACKGROUND

Plaintiff Roger Cline (Cline) is an inmate at the St. Mary's Correctional Center, an institution within the West Virginia Division of Corrections (DOC), who has...

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