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PERKINS v. KANSAS DEPT. OF CORRECTIONS

No. 98-3005.

165 F.3d 803 (1999)

Darren Eugene PERKINS, Plaintiff-Appellant, v. KANSAS DEPARTMENT OF CORRECTIONS; Les Derstein, Unit Manager, El Dorado Correctional Facility; Michael A. Nelson, Warden, El Dorado Correctional Facility; William Cummings, Risk Manager, El Dorado Correctional Facility; Charles Simmons, Secretary of Corrections, El Dorado Correctional Facility; Prison Health Services; (NFN) Ayeni, Regional Medical Director for the Kansas Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 27, 1999.

Attorney(s) appearing for the Case

Darren Eugene Perkins, pro se.

Hsingkan Chiang, Assistant Attorney General, Topeka, Kansas, for Defendants-Appellees.

Before PORFILIO, BARRETT, KELLY, Circuit Judges.

PORFILIO, Circuit Judge.

Plaintiff, a pro se prisoner who is HIV positive,1 appeals the district court's dismissal of his civil rights action2 seeking redress for (1) being required to wear a face mask whenever he leaves his cell; (2) being denied all outdoor exercise for more than nine months; and (3) being denied treatment for his serious medical condition. The district court granted plaintiff leave to proceed...

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