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FLINT v. HAYNES

Nos. 78-6354, 78-6378, 79-6802.

651 F.2d 970 (1981)

Chester F. FLINT, Jr., Appellant, v. Lloyd E. HAYNES, Warden, Huttonsville Correctional Center and Arthur L. McKenzie, Warden, West Virginia State Penitentiary, Appellees. Rodney Allen STOVER, Appellant, v. Sgt. William CARTER, a Correctional Officer at Huttonsville Correctional Center, Appellee. Richard Earl MARKS, Appellant, v. Calvin A. CALENDINE, Commissioner, et al, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1981.

Attorney(s) appearing for the Case

Christopher L. Varner, Chicago, Ill. (Jerold S. Solovy, Jenner & Block, Chicago, Ill., on brief), for appellant.

S. Clark Woodroe, Asst. Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Atty. Gen., Charleston, W.Va., on brief), for appellees.

Before HALL and SPROUSE, Circuit Judges, and RAMSEY, District Judge.

K. K. HALL, Circuit Judge:

This is a consolidated appeal from three separate inmate civil rights actions brought pursuant to 42 U.S.C. § 1983 in which judgment was entered for the defendants and costs were assessed against the plaintiffs. The only issue presented for review is whether the district court may assess costs against civil rights litigants who have been granted leave to proceed in forma pauperis.1 We find that 28...

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