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HADIX v. JOHNSON

No. 03-1068.

398 F.3d 863 (2005)

Everett HADIX; et al., Plaintiffs-Appellants, v. Perry M. JOHNSON; Barry Mintzes; Charles Anderson; William F. Grant; Dale Foltz; Daniel Trudell; Duane Sholes; John Jabe; James Pogats; Roy Rider; Charles Ustess; Don P. Leduc; Robert Brown, Jr.; Graham Allen; Elton I. Scott; Pam Withrow; Frank Elo, Warden; Marjorie Van Ochten; and John Prelesnik, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Elizabeth R. Alexander, National Prison Project, Washington, D.C., for Appellants. Leo H. Friedman, Office of the Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Elizabeth R. Alexander, National Prison Project, Washington, D.C., Patricia A. Streeter, Ann Arbor, Michigan, Michael J. Barnhart, Detroit, Michigan, for Appellants. Leo H. Friedman, A. Peter Govorchin, Office of the Attorney General, Lansing, Michigan, for Appellees.

Before: KRUPANSKY, RYAN, and COLE, Circuit Judges.

OPINION

RYAN, Circuit Judge.

The plaintiffs appeal the district court's calculation of attorney fees under the Prison Litigation Reform Act of 1995 (PLRA), Pub.L. No. 104-134, 110 Stat. 1321 (codified in scattered sections of the U.S.Code). We must decide whether attorney fees under the PLRA should be computed according to the hourly rate authorized by the Judicial Conference for the payment of court-appointed counsel or on the rate that historically has...

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