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ALLAH v. SEIVERLING

No. 97-3627.

229 F.3d 220 (2000)

Michael Malik ALLAH, Appellant, v. Thomas SEIVERLING; Robert Sparbanie; John D'Eletto; Ben Varner Commonwealth of Pennsylvania, Amicus Curiae. United States of America, Intervenor.

United States Court of Appeals, Third Circuit.

Filed September 28, 2000.

Attorney(s) appearing for the Case

Deena Jo Schneider, Joseph T. Lukens (Argued), S. Jnatel Simmons, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellant.

D. Michael Fisher, Attorney General, J. Bart DeLone (Argued), Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General Chief, Appellate Litigation Section Office of Attorney General Appellate Litigation Section Harrisburg, PA 17120, Attorneys for Amicus Curiae on behalf of Appellees.

David W. Ogden, Acting Assistant Attorney General, Michael R. Stiles, United States Attorney, John C. Hoyle, Susan L. Pacholski, Attorney for Intervenor.

Before: SLOVITER, NYGAARD and FUENTES, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Michael Malik Allah appeals the District Court's order dismissing Allah's complaint before service on the ground that his claims are barred by the Supreme Court's decision in Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). The appeal requires us to consider the effect of the Sandin decision on Allah's access-to-courts claims, including his...

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