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GARCIA v. LEMASTER

No. 04-2280.

439 F.3d 1215 (2006)

Ricky GARCIA, Plaintiff-Appellant, v. Tim LEMASTER, Warden, New Mexico State Penitentiary; john shanks, Director, Adult Prison Division for the New Mexico Department of Corrections; Robert J. Perry, Cabinet Secretary; Gilbert Garcia, Classification Bureau Chief, sued in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs: Ricky Garcia, Pro Se Appellant.

Anthony Sclafani, Deputy General Counsel, Office of General Counsel, New Mexico Corrections Department, Santa Fe, New Mexico, for Appellees.

Before TYMKOVICH, PORFILIO, and BALDOCK, Circuit Judges.

TYMKOVICH, Circuit Judge.

The primary issue we address in this appeal is whether plaintiff Ricky Garcia, a New Mexico prisoner incarcerated in California, stated a claim upon which relief may be granted, see Fed.R.Civ.P. 12(b)(6), when he brought a 42 U.S.C. § 1983 action alleging unconstitutional classification and denial of recreation in New Mexico district court against New Mexico Corrections Department defendants. We conclude that Garcia failed to...

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