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BROWN v. JOHNSON

No. 03-14158.

387 F.3d 1344 (2004)

John Ruddin BROWN, Plaintiff-Appellant, v. Lisa JOHNSON, Doctor Presnell, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 18, 2004.

Attorney(s) appearing for the Case

Job J. Milfort (Court-Appointed), Matthew M. Scoggins, III, Alston & Bird LLP, Atlanta, GA, for Plaintiff-Appellant.

Beverly P. Downing, State Law Dept., Aaron Bradford Mason, Atlanta, GA, for Defendants-Appellees.

Before TJOFLAT, DUBINA and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents two issues of first impression in this circuit regarding the Prison Litigation Reform Act: first, whether a prisoner, who seeks to file a complaint in forma pauperis, is barred by the PLRA from amending his complaint before either a responsive pleading or an order of dismissal has been filed; and, second, whether a prisoner who suffers from human immunodeficiency virus (HIV) and hepatitis and alleges both withdrawal...

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