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SMITH v. BEARD

No. 519 M.D. 2010.

26 A.3d 551 (2011)

Emory SMITH, Petitioner v. Jeffrey A. BEARD, Ph.D. Secretary of the Department of Corrections, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 26, 2011.

Attorney(s) appearing for the Case

Emory Smith , pro se.

Debra Sue Rand , Assistant Counsel, Camp Hill, for respondent.

BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Before this Court are the preliminary objections (POs) in the nature of demurrers filed by Jeffrey A. Beard, Ph.D., Secretary of the Department of Corrections (Secretary), to the Petition for Review (Petition) filed in this Court's original jurisdiction by Emory Smith (Mr. Smith). In the Petition, Mr. Smith challenges the constitutional validity of the Department of Corrections (Department) regulation DC-ADM-803, Inmate Mail and Incoming...

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