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OROZCO v. DAY

No. 96-344.

934 P.2d 1009 (1997)

Daniel OROZCO, Plaintiff and Appellant, v. Rick DAY, Director of the Department of Corrections and Human Services, Mike Mahoney, Section Warden, Myron Beeson, Section Warden, Candyce Neubauer, Classification Manager, Dave Lanning, Unit Manager, Montana Department of Corrections and Human Services, Montana State Prison, Defendants and Respondents.

Supreme Court of Montana.

Decided March 10, 1997.

Attorney(s) appearing for the Case

Daniel Orozco, Deer Lodge, Pro Se.

Lois Adams, David L. Ohler, Diana P. Leibinger, Department of Institutions, Helena, for Respondents.

GRAY, Justice.

Daniel Orozco (Orozco), appearing pro se, appeals from the opinion and order of the Third Judicial District Court, Powell County, dismissing his complaint for failure to state a claim upon which relief could be granted. We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

We restate the issues on appeal as follows:

1. Did the District Court err in concluding that the Department of Corrections...

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