UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Respondent - Appellee,

No. 99-6200
v.	W.D. Oklahoma
HERMAN TRACY CLARK,

Petitioner - Appellant.	(D.C. No. CV-99-111-C)

ORDER AND JUDGMENT*

Before ANDERSON, KELLY, and BRISCOE, 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)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

After filing multiple unsuccessful petitions for a writ of habeas corpus, pursuant to 28 U.S.C. § 2255, the petitioner in this case, Herman Tracy Clark, filed a petition for a writ of coram nobis. The magistrate judge recommended that the petition be denied. The district court, upon de novo review, adopted the magistrate judge's report and recommendation and denied the writ. Mr. Clark appeals from that denial.

For the reasons stated in the magistrate judge's report and recommendation, filed April 23, 1999, we affirm. Such writs were largely abolished in 1948, leaving only an exceedingly narrow independent action exception for grave miscarriages of justice. United States v. Beggerly, 524 U.S. 38 (1998). This case does not fall into that category.

AFFIRMED. The mandate shall issue forthwith.

ENTERED FOR THE COURT

Stephen H. Anderson

Circuit Judge