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SIKORA v. HOPKINS

No. 96-2602.

108 F.3d 978 (1997)

Matthew Joseph SIKORA, Jr., Appellant, v. Frank X. HOPKINS, Warden, in his individual and official capacity; Nebraska State Penitentiary; Joel Staley, "D" Unit Manager in his individual and official capacity; Phil Jefferson, Mental Health Staff Personnel, in his individual and official capacity; Rick Hargreaves, Mental Health Staff Personnel, in his individual and official capacity; John Does, in their individual and official capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 31, 1997.

Rehearing Denied May 23, 1997.

PER CURIAM.

Matthew Sikora, Jr., seeks to appeal the district court's1 order applying the fee provisions of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (PLRA), in his 42 U.S.C. § 1983 action. We construe Sikora's appeal from a non-final order as a petition for writ of mandamus.

Because Sikora was not granted leave to proceed in forma pauperis (IFP) until May 13, 1996 — following...

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