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SMITH v. COLORADO DEPT. OF CORRECTIONS

No. 93-1459.

23 F.3d 339 (1994)

Dale R. SMITH, Plaintiff-Appellant, and Scott Kelly Janke, Siyani F. Masamba, also known as Freddie Glenn, Michael A. Lopez, Ross Nix, individually and on behalf of all others similarly situated, Plaintiffs, v. COLORADO DEPARTMENT OF CORRECTIONS and Aristedes W. Zavaras, Executive Director, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 1994.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Dale R. Smith, pro se.

Before MOORE, ANDERSON and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Mr. Smith, appearing pro se and in forma pauperis, appeals the district court's dismissal of his complaint for class action declaratory and injunctive relief. The district court adopted the magistrate judge's report indicating that Mr. Smith could not challenge an amendment to the prison regulations eliminating nonessential property storage by the institution when an inmate is placed in maximum security or administrative segregation...

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