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DEHART v. HORN

No. 03-4250.

390 F.3d 262 (2004)

Robert Perry DeHART, Appellant v. Martin HORN, Commissioner of Corrections; James S. Price, Superintendent SCI Greene; United States of America (Intervenor in D.C.).

United States Court of Appeals, Third Circuit.

Filed November 30, 2004.

Attorney(s) appearing for the Case

Edward A. Olds, (Argued), Pittsburgh, PA, for Appellant.

Gerald J. Pappert, Attorney General, J. Bart DeLone, (Argued), Calvin R. Koons, John G. Knorr, III, Office of the Attorney General, Appellate Litigation Section, Harrisburg, PA, Rodney M. Torbic, Office of Attorney General of Pennsylvania, Pittsburgh, PA, for Appellees James S. Price and Martin Horn.

Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, Catherine Y. Hancock, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, Michael S. Raab, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Appellee United States of America.

Before ROTH and CHERTOFF, Circuit Judges and IRENAS, Senior District Judge.

OPINION OF THE COURT

IRENAS, Senior District Judge.

Robert Perry DeHart ("DeHart") is an inmate at SCI-Greene ("the Prison"), a Pennsylvania state correctional facility. He is serving a life sentence for murder, as well as shorter consecutive sentences for robbery, burglary and escape, and has been incarcerated in the state correctional system since 1980. He brings this action pursuant to 42 U.S.C. § 1983 against Martin Horn, Pennsylvania's Commissioner...

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