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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ELISEO C. DURAN,

Plaintiff-Appellant,

v. No. 98-1356
JOSEPH R. GREENE, District Director of the 19th District of the United States Immigration and Naturalization

Service; IMMIGRATION & NATURALIZATION SERVICE,

United States Department of Justice,

Defendants-Appellees.

(D.C. No. 97-N-1865)

(Colo.)

ORDER AND JUDGMENT(*)

Before SEYMOUR, Chief Judge, BALDOCK, and HENRY, Circuit Judges.(**)

Plaintiff Eliseo C. Duran appeals from the district court's judgment upholding a decision of the INS forfeiting an immigration bond upon which Plaintiff was the obligor. We have reviewed the parties' briefs, and carefully examined the entire record on appeal. Based upon our review of the record, we conclude that the district court properly granted summary judgment in favor of Defendants, and affirm substantially for the reasons set forth in the magistrate judge's recommendation on the parties' cross motions for summary judgment, and the district judge's subsequent order adopting that recommendation.

AFFIRMED.

Entered for the Court,

Bobby R. Baldock

Circuit Judge


FOOTNOTES
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*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.

**. After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.(G). The case is therefore ordered submitted without oral argument.


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