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TORRES v. O'QUINN

Nos. 06-7770, 07-7340.

612 F.3d 237 (2010)

Don Juan TORRES, Plaintiff-Appellant, v. R. O'QUINN; D. Tate; D. Muncy, Defendants-Appellees. Don Juan Torres, a/k/a Donald Hautz, Plaintiff-Appellant, v. Gene Johnson; Larry Huffman; Tracy Ray; John Jabe; R. Rowlett; M. Mullins, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2010.

Attorney(s) appearing for the Case

ARGUED: Tonya T. Robinson, Wilmerhale, Washington, D.C., for Appellant. Mark R. Davis, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: June Shih, Wilmerhale, Washington, D.C., for Appellant. William C. Mims, Attorney General, Richmond, Virginia, for Appellees.

Judge DAVIS authored a Supplemental Opinion Denying Appellant's Post Judgment Motion for Partial Refund of Filing Fees in which Judge GREGORY joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

DAVIS, Circuit Judge:

Appellant Don Juan Torres, a/k/a Donald Hautz ("Torres"), while an inmate at a Virginia prison, filed two civil actions against prison officials in federal court; each case was promptly dismissed for failure to state a claim. When he appealed to this court, we ordered, pursuant to the Prison Litigation Reform Act of 1995, Title VIII of Pub.L. No. 104-134, 110 Stat. 1321 (1996), amending 28 U.S.C. § 1915 et seq. ...

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