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Gee v. Pacheco

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Before HARTZ, MCKAY, and ANDERSON, Circuit Judges.

Donald Gee is a prisoner in the Wyoming State Penitentiary (WSP) who represents himself before this court. On January 27, 2006, he filed in the United States District Court for the District of Wyoming a pro se civil-rights action under 42 U.S.C. § 1983 against Defendants, who are WSP officials. Mr. Gee alleged that Defendants violated his rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution.*fn2 His complaint includes 154 paragraphs, many of which are repetitive. Defendants moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Concluding that Mr. Gee had failed to state a claim upon which relief could be granted and that his complaint was frivolous, the district court granted the motion and dismissed the complaint with prejudice.

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