UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

RONNIE LADALE THOMAS,

Petitioner - Appellant,

v.

J. W. BOOKER,

Respondent - Appellee.

No. 97-1344

(D.C. No. 97-M-1362)

(District of Colorado)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Our review indicates the district court did not err. The motion to appeal without prior payment of costs is GRANTED. The judgment is AFFIRMED for the reasons stated in the district court's order of dismissal.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge