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BRAND v. MOTLEY

No. 06-6362.

526 F.3d 921 (2008)

Dewayne BRAND, Plaintiff-Appellant, v. John D. MOTLEY; Kathy Litteral; Michelle Vance, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2008.

Attorney(s) appearing for the Case

ARGUED: Elizabeth M. Locke, Kirkland & Ellis, Washington, D.C., for Appellant. William H. Fogle, Justice and Public Safety Cabinet, Office of Legal Services, Frankfort, Kentucky, for Appellees. ON BRIEF: Elizabeth M. Locke, Kirkland & Ellis, Washington, D.C., for Appellant. William H. Fogle, Justice and Public Safety Cabinet, Office of Legal Services, Frankfort, Kentucky, for Appellees. Dewayne Brand, West Liberty, Kentucky, pro se.

Before: SUHRHEINRICH, CLAY, and COOK, Circuit Judges.

OPINION

COOK, Circuit Judge.

Dewayne Brand, a black inmate, filed a § 1983 complaint after prison officials denied his request to share a cell with a white inmate in part because a "Black/ White move ... is more difficult to do than a same race move." The district court dismissed his claim as frivolous under 28 U.S.C. § 1915(e)(2), reasoning that Brand could not complain about why the officials turned him down given that, as an inmate, he lacks...

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