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FREEMAN v. DEPARTMENT OF CORRECTIONS

No. 91-1182.

949 F.2d 360 (1991)

Russell E. FREEMAN, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 18, 1991.

Attorney(s) appearing for the Case

Russell E. Freeman, pro se.

Gale A. Norton, Atty. Gen., State of Colo., Denver, Colo., for defendants-appellees.

Before McKAY, Chief Judge, and SEYMOUR and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Appellant Freeman appeals the district court's sua sponte dismissal of his complaint filed pursuant to 42 U.S.C. § 1983. We reverse the district court's dismissal and remand for further proceedings.

In reviewing the sufficiency of a complaint, the district court must "presume[] all of plaintiff's factual allegations [to be] true and construe[] them in the light most favorable to the plaintiff." Hall v. Bellmon,

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