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BURKE v. N.D. DEPT. OF CORRECTIONS & REHAB.

No. 990258.

609 N.W.2d 729 (2000)

2000 ND 85

Dale J. BURKE, Plaintiff and Appellant, v. NORTH DAKOTA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Appellee.

Supreme Court of North Dakota.

April 25, 2000.

Attorney(s) appearing for the Case

Dale J. Burke, pro se, N.D. State Penitentiary, Bismarck, for plaintiff and appellant. Submitted on brief.

William G. Peterson, Assistant Attorney General, Attorney General's Office, Bismarck, for defendant and appellee. Submitted on brief.

KAPSNER, Justice.

[¶ 1] Dale J. Burke appealed from a judgment dismissing his suit against the North Dakota Department of Corrections and Rehabilitation ("Department"). We hold Burke failed to state a claim upon which relief can be granted. We therefore affirm.

I

[¶ 2] In late 1998 and early 1999, the Department implemented regulations restricting inmates' ability to purchase personal property at the state penitentiary. In February 1999...

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