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GALLAGHER v. SHELTON

No. 09-3113.

587 F.3d 1063 (2009)

Michael P. GALLAGHER, Plaintiff-Appellant, v. J.L. SHELTON, Warden, Norton Correctional Facility; R.C. Perdue, Deputy Warden, Norton Correctional Facility; Roger Werholtz, Secretary of Corrections; Galen Penner, Chaplain, Norton Correctional Facility; (FNU) Growell, Aramark Supervisor, Norton Correctional Facility; (FNU) Ratliff, Aramark Employee/Line Supervisor, Norton Correctional Facility; Gloria Geither, Director of Religious Programs, Kansas Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 24, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs: Michael P. Gallagher, pro se.

Steve Six, Kansas Attorney General and Eric J. Aufdengarten, Assistant Attorney General, Topeka, KS, for Defendants-Appellees Werholtz, Geither, Shelton, Perdue and Penner.

Marcos Barbosa of Baker, Sterchi, Cowden & Rice, L.L.C.-KC, Kansas City, MO, for Defendants-Appellees Ratliff and Growell.

Before KELLY, BRISCOE, and HOLMES, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Michael P. Gallagher, an inmate in the custody of the Kansas Department of Corrections appearing pro se, appeals the district court's dismissal of his 42 U.S.C. § 1983 action. The district court dismissed Gallagher's amended complaint for failure to exhaust administrative remedies and for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm...

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