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Alonzo Hodges v. Pennsylvania Department of Health

October 26, 2011

ALONZO HODGES, PETITIONER
v.
PENNSYLVANIA DEPARTMENT OF HEALTH, RESPONDENT



The opinion of the court was delivered by: Mary Hannah Leavitt, Judge

ORDER

AND NOW, this 26th day of October, 2011, it is hereby ORDERED that the above-captioned opinion filed August 26, 2011, shall be designated OPINION rather than MEMORANDUM OPINION, and it shall be reported.

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Alonzo Hodges, : Petitioner : : v. Pennsylvania Department : of Health, : Respondent :

No. 181 C.D. 2011

Submitted: June 3, 2011

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge

HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JAMES R. KELLEY, Senior Judge

OPINION

BY JUDGE LEAVITT

FILED: August 26, 2011

Alonzo Hodges petitions, pro se, for review of a final determination of the Office of Open Records (OOR) denying his appeal under the Right-to-Know Law (RTKL).*fn1 In doing so, the OOR affirmed the Pennsylvania Department of Health's denial of Hodges' right-to-know request for information related to the licensure of the health care provider at a state correctional institution. Because the Department did not possess records responsive to Hodges' request, we will affirm.

Hodges is currently incarcerated at the State Correctional Institution at Fayette (SCI-Fayette). On November 30, 2010, Hodges filed a right-to-know request with the Department of Health (Department) seeking the "license verification and certificate of need" for Prison Health Services, Inc., the health care provider at SCI-Fayette, and a copy of the license application showing the name of the health care provider and health care facility at SCI-Fayette. Certified Record, Item 1, at 1 (C.R. ___). The Department did not issue a timely response to Hodges' ...


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