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ROLLER v. GUNN

No. 96-6992.

107 F.3d 227 (1997)

Gary Lee ROLLER, Plaintiff-Appellant, v. William E. GUNN, Executive Director of the South Carolina Department of Probation, Parole and Pardon Services; South Carolina Department of Probation, Parole and Pardon Services, Defendants-Appellees, United States Of America, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1997.

Attorney(s) appearing for the Case

ARGUED: Rochelle Romosca McKim, W. Gaston Fairey, Fairey, Parise & Mills, P.A., Columbia, SC, for Appellant. Carl Norman Lundberg, Chief Legal Counsel, South Carolina Department of Probation, Parole And Pardon Services, Columbia, SC, for Appellees. Richard Alan Olderman, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Intervenor. ON BRIEF: Charles Molony Condon, Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Reginald I. Lloyd, Assistant Attorney General, Office of the Attorney General, Columbia, SC, for Appellees. Frank W. Hunger, Assistant Attorney General, J. Rene Josey, United States Attorney, Barbara L. Herwig, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Intervenor.

Before WILKINSON, Chief Judge, and RUSSELL and HALL, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge RUSSELL joined. Judge HALL wrote an opinion concurring in part and dissenting in part.

OPINION

WILKINSON, Chief Judge:

Appellant, Gary Lee Roller, challenges the constitutionality of section 804 of the Prison Litigation Reform Act ("PLRA"), Pub.L. No. 104-134, 110 Stat. 1321, §§ 801-810 (Apr. 26, 1996), which requires prisoners proceeding in forma...

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