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McALPINE v. THOMPSON

No. 96-6124.

187 F.3d 1213 (1999)

Johnnie Louis McALPINE, Plaintiff-Appellant, v. Ron THOMPSON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 12, 1999.

Attorney(s) appearing for the Case

John J. Carwile (Ronald W. Little with him on the briefs), Doerner, Saunders, Daniel and Anderson Tulsa, Oklahoma, for Plaintiff-Appellant.

Kay Sewell, Assistant United States Attorney (Patrick M. Ryan, United States Attorney, with her on the brief), Oklahoma City, Oklahoma, for Defendant-Appellee.

Before EBEL, BRISCOE, and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

In August 1994, while incarcerated in a federal facility, Johnnie Louis McAlpine ("McAlpine"), a member of the Native American Church, brought a pro se action in federal court under the First Amendment and the Religious Freedom Restoration Act of 1993 ("RFRA"), seeking to compel Warden Ron Thompson ("Thompson" or "Warden") to provide him with peyote and other "necessary items" to conduct Native American Church ceremonies. The district court reached...

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