Albert Earl Rush, Petitioner-appellant, v. United States of America, Respondent-appellee, 947 F.2d 954 (10th Cir. 1991)
Annotate this CaseBefore STEPHEN H. ANDERSON, TACHA and BRORBY, Circuit Judges.
ORDER AND JUDGMENT*
TACHA, Circuit Judge.
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 case is therefore ordered submitted without oral argument.
Petitioner-Appellant Albert Rush appeals an order of the district court dismissing his petition for writ of mandamus that was based on 42 U.S.C. § 1983. On appeal, Rush seeks only "an automatic release" from custody. The sole remedy for either immediate release or a speedier release from imprisonment is a writ of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475 (1973). Accordingly, we GRANT Rush's motion to proceed in forma pauperis and AFFIRM the district court's order. The mandate shall issue forthwith.
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
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