UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

TERRY F. WALLING,

Plaintiff-Appellant,

v.

CHARLES SIMMONS, Kansas Secretary of Corrections,

Defendant-Appellee.

No. 98-3115

(D.C. No. 94-CV-3398)

(District of Kansas)

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.

Terry F. Walling appeals the order of the district court granting summary judgment against him on his complaint for declaratory judgment and injunctive relief. Our review of the records reveals the district court did not err in its judgment, and we AFFIRM for the same reasons given by the district court in its order.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge