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McELYEA v. BABBITT

No. 86-1845.

833 F.2d 196 (1987)

Joe Lowell McELYEA, Jr., Plaintiff-Appellant, v. Governor Bruce BABBITT et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1987.

Attorney(s) appearing for the Case

J. Douglas McVay, Phoenix, Ariz., for plaintiff-appellant.

Kimberly A. O'Connor, Asst. U.S. Atty., Phoenix, Ariz., for defendant-appellee.

Before FLETCHER, REINHARDT and KOZINSKI, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Joe McElyea brought this action pro se under 42 U.S.C. § 1983 alleging that prison authorities prevented him from practicing his religion in violation of the free exercise clause of the first amendment. The district court awarded summary judgment in favor of the defendants. We reverse and remand.

FACTS

Joe McElyea is incarcerated in the Arizona State Prison in Perryville, Arizona. This action for injunctive...

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