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WARES v. SIMMONS

No. 04-3150.

392 F.3d 1141 (2004)

Mark A. WARES, Plaintiff-Appellant, v. Charles SIMMONS, Kansas Secretary of Corrections; Steve Dechant, Deputy Warden of Programs, Hutchinson Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 14, 2004.

Attorney(s) appearing for the Case

Mark A. Wares, pro se.

Phill Kline, Attorney General, Brian D. Sheern, Assistant Attorney General, Topeka, Kansas, for Defendants-Appellees.

Before LUCERO, McKAY, and PORFILIO, Circuit Judges.

LUCERO, Circuit Judge.

Mark A. Wares, a Kansas inmate appearing pro se, filed an action pursuant to 42 U.S.C. § 1983 alleging that prison officials have denied him access to essential religious texts in contravention of the First Amendment.1 The district court dismissed the action for failure to state a claim. We VACATE and REMAND for further proceedings.

I.

Wares was convicted of aggravated...

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