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TOURSCHER v. McCULLOUGH

Nos. 97-3671, 98-3499.

184 F.3d 236 (1999)

Mark D. TOURSCHER, Appellant, v. John McCULLOUGH; Kathy Emil; Commissioner Horn; Jay Whitesel, (D.C. Civil No. 97-cv-00223J). Mark D. Tourscher, Appellant, v. Martin Horn, Secretary of the Pa. Dept. of Corrections; John McCullough, Superintendent, (D.C. Civil No. 98-cv-00176J).

United States Court of Appeals, Third Circuit.

Filed July 12, 1999.

Attorney(s) appearing for the Case

Stanley B. Edelstein (argued) Jacoby Donner, P.C. Philadelphia, PA, for Appellant.

Calvin R. Koons (argued), Senior Deputy Attorney General, D. Michael Fisher, Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for Appellees.

Before: SLOVITER and ALITO, Circuit Judges, and ALARCON, Senior Circuit Judge

OPINION OF THE COURT

ALARCON, Senior Circuit Judge:

Mark D. Tourscher ("Tourscher") appeals from the district court's order of November 25, 1997 dismissing his pro se complaint ("first complaint") as frivolous under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. He also appeals from the August 31, 1998 order dismissing a second pro se complaint ("second complaint"). This court consolidated the two appeals.

In his first complaint, Tourscher alleged...

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