DAUGHTREY, J., delivered the opinion of the court, in which DAVID A. NELSON, J., joined. RALPH B. GUY, JR., J. (pp. 406-08), delivered a separate dissenting opinion. OPINION DAUGHTREY, Circuit Judge. In these two cases, now consolidated, the Director of the Michigan Department of Corrections and other state corrections officials contend that the district court erred in granting a preli…
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