PER CURIAM:
Appellant, Hildrie H. Tolbert, an Arizona state prisoner suing in propria persona for damages and equitable relief under the Civil Rights Act, 42 U.S.C. §§ 1981, 1983, appeals from an order granting the motion of the appellee, Warden Frank Eyman, to dismiss under rule 12(b) (6), Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted.
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