James Click, Plaintiff--appellant, v. Jerry Johnson, Edward L. Evans, Billie Moser; Rob P.melton, Defendants--appellees, 60 F.3d 837 (10th Cir. 1995)

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 is therefore ordered submitted without oral argument.

James Click appeals from an adverse summary judgment dismissing with prejudice that portion of his complaint which is in the form of a civil rights action under 42 U.S.C.1983, and dismissing without prejudice that part of his complaint which seeks relief in the nature of habeas corpus. The latter ruling is based on Mr. Click's failure to exhaust his claims in state court.

We have reviewed the file and have considered Mr. Click's arguments on appeal. We conclude that the district court did not err; and we adopt the substance of the magistrate judge's report and recommendation filed July 1, 1994, and the order of the district court filed July 26, 1994.

AFFIRMED.

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