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SIMKINS v. BRUCE

No. 04-3072.

406 F.3d 1239 (2005)

Willie J. SIMKINS, Plaintiff-Appellant, v. Louis E. BRUCE; Sam Cline; Hutchinson Correctional Facility Mail Room Staff; Six Unknown Defendants, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 9, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs: Willie J. Simkins, pro se.

Phill Kline, Attorney General, Ralph J. De Zago, Assistant Attorney General, Topeka, Kansas, for Defendants-Appellees.

Before LUCERO, McKAY, and PORFILIO, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff Willie J. Simkins is an inmate at the Hutchinson Correctional Facility ("HCF"). He brought this action under 42 U.S.C. § 1983 to redress legal injury allegedly caused while he was temporarily transferred to another facility and his legal mail was held at HCF rather than forwarded to him.1 After filing a Martinez report,2 defendants moved for summary judgment on various...

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