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MARTINEZ v. GARDEN

No. 05-4019.

430 F.3d 1302 (2005)

Joe MARTINEZ, Plaintiff-Appellant, v. Dr. Richard GARDEN, M.D., at the Utah State Prison, individually; Dr. Kennon Tubbs, M.D., at the Utah State Prison, individually; Dr. Sidney Roberts, M.D., at the Utah State Prison, individually; Chris Abbott, P.A., at the Utah State Prison, individually; Terry Jefferies, P.A., at the Utah State Prison, individually; John Does 1-10, employees at the Utah State Prison, individually, Defendants.

United States Court of Appeals, Tenth Circuit.

December 13, 2005.

Attorney(s) appearing for the Case

Submitted on appellant's brief: Joe Martinez, pro se, Appellant.

Before LUCERO, ANDERSON, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Plaintiff, Joe Martinez, an inmate at the Utah State Prison, appeals from an order of the district court dismissing his pro se, 42 U.S.C. § 1983 complaint for failure to state a claim on which relief may be granted. For the reasons below, we reverse the order and remand the case for further proceedings.*

THE COMPLAINT

According to the allegations in the complaint, Mr. Martinez has a cyst on...

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