06-1514 -- Bassett v. Wiley -- 03/15/2007

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

RONALD K. BASSETT,

Petitioner-Appellee,

R. WILEY, Warden,

Respondent-Appellant.

No. 06-1514

District of Colorado

(D.C. No. 06-CV-374-WYD)

ORDER AND JUDGMENT^(*)

Before MURPHY, McWILLIAMS, and HARTZ, Circuit Judges.

The abatement entered in this matter originally on January 29, 2007, is lifted. In accord with the response the government submitted to our order dated February 21, 2007, and more particularly in light of our opinion in Wedelstedt v. Wiley, __F.3d__, No. 06-1461, 2007 WL 512517 (10th Cir. Feb. 20, 2007), the judgment of the district court in this matter is AFFIRMED.

Entered for the Court,

Per Curiam

FOOTNOTES
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^*.After examining the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore submitted without oral argument. This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

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