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CHURCH v. ATTORNEY GENERAL OF COM. OF VA.

No. 95-7722.

125 F.3d 210 (1997)

William Lebron CHURCH, Plaintiff-Appellant, v. ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA; Virginia Department of Corrections; Edward W. Murray, Director; Virginia Parole Board; County Of Amelia, Virginia; Thomas V. Warren, Judge; Commonwealth Of Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1997.

Attorney(s) appearing for the Case

ARGUED: James D. Ridgway, Third Year Law Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, VA, for Appellant. Collin Jefferson Hite, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellees. ON BRIEF: Neal L. Walters, Supervising Attorney, Carl D. Gray, Third Year Law Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, VA, for Appellant. James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, VA, for Appellees.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge K.K. HALL and Senior Judge BUTZNER joined.

OPINION

ERVIN, Circuit Judge:

William Church, a prisoner, appeals the order of the district court for the Eastern District of Virginia dismissing his complaint filed pursuant to 42 U.S.C. § 1983 as frivolous under 28 U.S.C. § 1915(d). Church requests that this Court resolve the question of whether he is required...

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