Charles Chapman Thamer, Ii, Plaintiff-appellant, v. Paul J. Graf, Washington County District Attorney,washington County Detention Facility, Utah Statecorrections Department, Defendants-appellees, 5 F.3d 547 (10th Cir. 1993)

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US Court of Appeals for the Tenth Circuit - 5 F.3d 547 (10th Cir. 1993) Aug. 27, 1993

ORDER AND JUDGMENT1 

Before TACHA, BALDOCK and KELLY, Circuit Judges.2 


Mr. Thamer, appearing pro se and in forma pauperis, appeals from the dismissal, pursuant to 28 U.S.C.1915(d), of his civil rights complaint alleging a 42 U.S.C.1983 violation. Mr. Thamer argues that the evidence in support of his conviction is insufficient and that his trial was the product of tampered evidence and false testimony. We agree with the magistrate judge that the complaint is largely unintelligible, even with liberal construction, and that it is a challenge to confinement, not a civil rights action. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). The district court did not abuse its discretion in dismissing the complaint, either as unintelligible or as an attempt to challenge the fact of confinement in a civil rights action. See Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992); Hall v. Bellmon, 935 F.2d 1106, 1109-10 (10th Cir. 1991).

AFFIRMED.

 1

This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir. R. 36.3

 2

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 cause therefore is ordered submitted without oral argument

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