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LOVELACE v. LEE

No. 04-7797.

472 F.3d 174 (2006)

Leroy A. LOVELACE, Plaintiff-Appellant, v. Jack LEE; Gene Shinault; K. Lester, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Matthew Anthony Victor, Victor, Victor & Helgoe, L.L.P., Charleston, West Virginia, for Appellant. Mark Ralph Davis, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Judith W. Jagdmann, Attorney General, Richmond, Virginia, for Appellees.

Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge MOTZ joined. Judge WILKINSON wrote a separate opinion concurring in the judgment in part and dissenting in part.

OPINION

MICHAEL, Circuit Judge:

Leroy Lovelace was an inmate at Keen Mountain Correctional Center (Keen Mountain or prison), a Virginia state prison, in 2002 and 2003. He is a member of the Nation of Islam. In 2002 Keen...

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