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WHIBBY v. COM., DEPT. OF CORRECTIONS

820 A.2d 829 (2003)

John WHIBBY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 1, 2003.

Attorney(s) appearing for the Case

John Whibby, petitioner, pro se.

Laura J. Neal, Camp Hill, for respondent.

BEFORE: SMITH-RIBNER, Judge, LEAVITT, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Senior Judge MIRARCHI.

The Department of Corrections (Department) has filed a motion to terminate or modify a permanent injunction issued on October 4, 2001 in the course of this action in our original jurisdiction. We deny the Department's motion.

John Whibby (Petitioner) is or was an inmate at the State Correctional Institution at Rockview (SCI-Rockview) serving a sentence for his 1988 rape conviction.1 In 2000, he...

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