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WHITE v. HAINES

No. 32190, 32194.

618 S.E.2d 423 (2005)

217 W.Va. 414

John Heath WHITE, Petitioner Below, Appellant, v. William S. HAINES, Warden; Jerry Hainey; and Jim Rubenstein, Respondents Below, Appellees. and John Heath White, Plaintiff Below, Appellant, v. James Rubenstein; Evelyn Seifert; Karl Hoffman; Kandi Lloyd; Tony Balgo; and Prime Care Medical Services, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Submitted: May 24, 2005.

Filed: July 7, 2005.

Attorney(s) appearing for the Case

John Heath White, Moundsville, Pro Se.

Darrell V. McGraw, Jr., Attorney General, Charles Houdyschell, Jr., Senior Assistant Attorney General, Charleston, for the Appellees, William S. Haines, Jerry Hainey, James "Jim" Rubenstein, and Evelyn Seifert.

Justice DAVIS delivered the Opinion of the Court.

DAVIS, Justice.

The appellant herein and petitioner below, John Heath White (hereinafter referred to as "Mr. White"), appeals from two separate orders. In Case Number 32190, the Circuit Court of Randolph County, by order entered December 12, 2003, dismissed Mr. White's complaint against the appellees herein and respondents below, William S. Haines,1 Jerry Hainey,

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