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UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
| THOMAS FOSTER, |
|
| Plaintiff - Appellant, |
No. 97-6178
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| v. |
(96-CV-1659)
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| A. M. FLOWERS, Warden, |
(W.D. Okla.)
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| Defendant - Appellee. |
|
ORDER AND JUDGMENT(*)
Before BALDOCK, McKAY, and LUCERO, Circuit Judges.
After examining Petitioner's brief and the appellate record, this panel has
determined unanimously to grant Petitioner's request for a decision on the briefs without
oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument. We grant the motion for leave to proceed
without prepayment of costs or fees, and we grant the certificate of appealability.
We affirm the judgment for the reasons given in the magistrate judge's Report and
Recommendation, as adopted by the trial court.
AFFIRMED.
Entered for the Court
Monroe G. McKay
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*. This order and judgment is not binding
precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
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