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KIKUMURA v. HURLEY

No. 99-1284.

242 F.3d 950 (2001)

Yu KIKUMURA, Plaintiff-Appellant, v. John M. HURLEY, E.J. Gallegos, Defendants-Appellees, United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

March 9, 2001.

Attorney(s) appearing for the Case

Philip J. Weiser, University of Colorado School of Law, Boulder, Colorado, for Appellant.

Melanie Bailey Lewis, of Hall & Evans, (Josh A. Marks with her on the briefs), Denver, Colorado, for Appellees.

Matthew M. Collette, Appellate Staff Attorney, (Michael Jay Singer, Appellate Staff Attorney, with him on the briefs), Civil Division, Department of Justice, Washington, D.C., for the Intervenor and for Appellant.

Before EBEL, HOLLOWAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff, a federal prisoner, brought suit against Defendants, prison wardens, for their denial of his requests for certain pastoral visits, alleging violations of his First and Fifth Amendment rights and statutory rights under the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. § 2000bb-1. Plaintiff moved for a temporary restraining order and a preliminary injunction preventing Defendants from denying the...

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