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JOHNSON v. ROBINSON

No. 92-6231.

987 F.2d 1043 (1993)

Charles E. JOHNSON; Charles A. Hunter; Rodger W. Osborne; Thomas L. Wells, Individually and On Behalf of All Others Similarly Situated; Frank Domneys; George Brown; Ralph Broadway, Plaintiffs-Appellees, v. Bishop L. ROBINSON, Secretary, Department of Public Safety and Correctional Services; Richard A. Lanham, Commissioner, Division of Correction; Paul J. Davis, Chairman, Maryland Parole Commission; William L. Smith; Warden, Maryland House of Correction; Lloyd Waters, Superintendent, Maryland Correctional Institution — Hagerstown; Leronia A. Josey, Former Maryland Parole Commissioner, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 1993.

Attorney(s) appearing for the Case

Carmen Mercedes Shepard, Asst. Atty. Gen., Baltimore, MD, argued (J. Joseph Curran, Jr., Atty. Gen., Richard H. Kestendieck and Stuart M. Nathan, Asst. Attys. Gen., on brief), for defendants-appellants.

David Cyrus Fathi, Nat. Prison Project of the American Civ. Liberties Union, Washington, DC, argued (Adjoa A. Aiyetoro, Elizabeth Alexander, Nat. Prison Project of the American Civ. Liberties Union, Washington, DC, Ward B. Coe, III, Whiteford, Taylor & Preston, Baltimore, MD, on the brief), for plaintiffs-appellees.

Before HALL, WILKINSON, and LUTTIG, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

At issue here is an order entered by the district court pertaining to the Maryland system of corrections. The order specified a timetable within which Maryland prison officials must make eighty-three improvements at two prison facilities. Our review of the record indicates that the district court exceeded its authority in issuing this order. The parties never formally agreed upon the duties specified in the timetable, and...

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