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SHANE v. FAUVER

No. 98-6205.

213 F.3d 113 (2000)

Stanford SHANE; Otis Terrell; Robert Stewart, Appellants v. William FAUVER, Commissioner; James Barbo, Administrator; Rogers, Chief; Director of Custody

United States Court of Appeals, Third Circuit.

Filed May 19, 2000.

Attorney(s) appearing for the Case

Jon Hogue (argued), Hogue & Lannis, Pittsburgh, PA, Attorneys for Appellants.

John J. Farmer, Jr., Attorney General of New Jersey, Mary C. Jacobson, Assistant Attorney General of Counsel, Larry R. Etzweiler, Senior Deputy Attorney General (argued), Trenton, New Jersey, Attorneys for Appellees.

Before: ALITO and STAPLETON, Circuit Judges, and FEIKENS, Senior District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

Stanford Shane, Otis Terrell, and Robert Stewart, prisoners at New Jersey's Northern State Prison, appeal the dismissal of their complaint under 42 U.S.C. § 1983 without leave to amend. We hold that, under the circumstances present here, Section 803(d) of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(c)(1), did not change the procedures that our court previously adopted regarding the dismissal...

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