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PORTALATIN v. DEPARTMENT OF CORRECTIONS

No. 569 M.D. 2008

979 A.2d 944 (2009)

Wilfredo PORTALATIN, Petitioner v. DEPARTMENT OF CORRECTIONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 10, 2009.

Attorney(s) appearing for the Case

Wilfredo Portalatin, petitioner, pro se.

Jeffrey M. Paladina, Asst. Counsel and Suzanne N. Hueston, Chief Counsel, Camp Hill, for respondent.

BEFORE: LEADBETTER, President Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

Before this Court in our original jurisdiction are the preliminary objections of the Department of Corrections (DOC) to a petition for review in the nature of a complaint seeking declaratory judgment filed by Wilfredo Portalatin (Portalatin), an inmate serving a life sentence at a state correctional institution. Portalatin seeks a declaration that DOC's assessment of co-pay fees for treatment of his chronic skin condition violates the Prison...

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