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HARRINGTON v. HOLSHOUSER

No. 83-6271.

741 F.2d 66 (1984)

John HARRINGTON, Alonzo Watts, Clifton Speight, William Ryder, Ronney McBride, Ray Forbes, Robert (Bobby) Smith, Ronald D. Carnes, Richard A. Carter, Bradford Mizell Lilley, Donald W. Morgan, Franklin Strader, and John H. Russell, on behalf of themselves and all others similarly situated, Appellants, v. James HOLSHOUSER, Governor, State of North Carolina, V. Lee Bounds, Commissioner, North Carolina Department of Corrections, Dr. Stanley Blackledge, Warden, Central Prison, Franklin Mahan, Regional Superintendent, M.S. Lee, Captain, Washington County, Unit 3560, Creswell, North Carolina, R.L. Turner, Superintendent of Odom Correctional Institution of the North Carolina Department of Correction, F.R. Moore, Sergeant, Central Prison, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1984.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N.C., for appellants.

Jacob L. Safron, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), for appellees.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

The controversy involved in this appeal is now before this court for the third time. The underlying issue is whether the state of North Carolina (State) has complied with the directions of the United States Supreme Court in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), and of panels of this court in Smith v. Bounds, 538 F.2d 541 (4th Cir.1975...

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