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ROBBINS v. WILKIE

No. 01-8037.

300 F.3d 1208 (2002)

Harvey Frank ROBBINS, Plaintiff-Appellant, v. Charles WILKIE, Joe Vessels, Darrell Barnes, Teryl Shryack, Patrick Merrill, David Stimson, Michael Miller, Gene Leone, and John Does 1 through 20, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 21, 2002.

Attorney(s) appearing for the Case

Marc R. Stimpert (Karen Budd-Falen with him on the briefs) of Budd-Falen Law Offices, P.C., Cheyenne, WY, for Plaintiff-Appellant.

Thomas D. Roberts, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Wyoming, Cheyenne, WY, for Defendants-Appellees.

Before EBEL and McKAY, Circuit Judges, and SAM, Senior District Judge.

McKAY, Circuit Judge.

Appellant Robbins appeals the District of Wyoming's grant of Defendants' Rule 12(b)(6) Motion to Dismiss Appellant's RICO and Bivens claims. We review a Rule 12(b)(6) dismissal de novo, accepting as true all allegations in the complaint and construing them in a manner favorable to the non-moving party. Duran v. Carris, 238 F.3d 1268, 1270 (10th...

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