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LENNITT v. COM., DEPT. OF CORRECTIONS

No. 231 M.D. 2008.

964 A.2d 37 (2008)

Mr. David LENNITT Jr., Petitioner v. COMMONWEALTH of Pennsylvania DEPARTMENT OF CORRECTIONS (inmate records division) and David DiGuGlielmo, Superintendent, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 23, 2008.

Rehearing and Reargument Denied En Banc January 21, 2009.

Attorney(s) appearing for the Case

No appearance entered on behalf of petitioner.

Debra Sue Rand, Asst. Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent.

BEFORE: McGINLEY, Judge, RENÉE COHN JUBELIRER, Judge, BUTLER, Judge.

OPINION BY Judge COHN JUBELIRER.

Before this Court for disposition is a preliminary objection in the nature of a demurrer filed by the Department of Corrections (Department) and David DiGuGlielmo (DiGuGlielmo), Superintendent of the State Correctional Institution at Graterford (SCI-Graterford) (collectively, Respondents), in response to a petition for review in the nature of mandamus filed, pro se, by David Lennitt Jr. (Lennitt) in our original jurisdiction.

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