McKINNEY v. MAYNARD

No. 89-7105.

952 F.2d 350 (1991)

Robert Dale McKINNEY, Plaintiff-Appellant, v. Gary MAYNARD, Director, Dept. of Corrections; Earl Allen, Warden, McLeod Corr. Center, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 23, 1991.


Attorney(s) appearing for the Case

F. Browning Pipestem, Norman, Okl., for plaintiff-appellant.

Gay Abston Tudor, Asst. Atty. Gen., (Susan B. Loving, Atty. Gen., with him on the brief), Oklahoma City, Okl., for defendants-appellees.

Before MOORE and TACHA, Circuit Judges, and KANE, District Judge.


JOHN P. MOORE, Circuit Judge.

Robert Dale McKinney, formerly an inmate at the Howard McLeod Correctional Center in Farris, Oklahoma, appeals the dismissal of his pro se complaint as frivolous under 28 U.S.C. § 1915(d). Mr. McKinney, an adopted Sioux Indian, filed suit under 42 U.S.C. § 1983, alleging a violation of his First Amendment right to practice his Native American religion and seeking declaratory and injunctive relief to prohibit Oklahoma prison...

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