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UNITED
STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
CANOVA GEORGE SINGLETON,
Plaintiff-Appellant,
v.
STATE OF OKLAHOMA; FRANK
KEATING, Governor; STEVE
HARGETT; JAMES L. SAFFLE,
Deputy Warden,
Defendants-Appellees. |
No. 97-6372
(D.C. No. CIV-97-356-C)
(W.D. Okla.)
|
ORDER AND JUDGMENT(*)
Before TACHA and McKAY, Circuit Judges, and
BROWN,(**) Senior
District
Judge.
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.
Canova George Singleton appeals from the district court's grant of
summary judgment to defendants on his civil rights claims, filed pursuant to
42 U.S.C. § 1983. As before the district court, on appeal Mr. Singleton
contends
that:
- under Oklahoma's Prison Overcrowding Emergency Powers Act,
credits are granted some prisoners--but not others--resulting in
overcrowding and double-celling, which, combined with a lack of
health screening, results in risk of harm to prisoners in violation of
their equal protection rights;
- Oklahoma has conspired to deny prisoners, including Mr. Singleton,
the right to vote;
- Oklahoma's prison classification system creates a class of prisoners
in violation of due process and equal protection and has the effect of
increasing Mr. Singleton's sentence; and
- Defendants have retaliated against Mr. Singleton for the filing of an
administrative grievance.
We review the district court's grant of summary judgment de novo,
applying the same legal standard used by that court pursuant to Fed. R. Civ. P.
56(c). See Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir. 1996). Further, we
construe Mr. Singleton's pro se pleadings liberally. See Haines v. Kerner, 404
U.S. 519, 520 (1972). After careful review of the entire record on appeal in light
of these standards, and after due consideration of the parties' briefs, we conclude
that the district court correctly decided this case.
The judgment of the United States District Court for the Western District
of Oklahoma is 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 This order and judgment is not binding
precedent, except under the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.
**. Honorable Wesley E. Brown, Senior
District Judge, United States District
Court for the District of Kansas, sitting by designation.
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