MEMORANDUM OPINION AND ORDER
PRELIMINARY STATEMENT OF FACTS
KANE, District Judge.
Bernard F. Montoya is presently an inmate at the Colorado State Reformatory located in Buena Vista, Colorado. On November 9, 1977 he filed a civil rights action in this court pursuant to 42 U.S.C. § 1983. He alleges denial of his first amendment right to freedom of religion and denial of his eighth amendment protection from cruel and unusual punishment.
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