Claude Ray Brooks, Plaintiff-appellant, v. Kenneth M. Rommel, Jr., Defendant-appellee, 999 F.2d 547 (10th Cir. 1993)

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US Court of Appeals for the Tenth Circuit - 999 F.2d 547 (10th Cir. 1993) June 29, 1993

Before TACHA, BALDOCK and KELLY, Circuit Judges.* 


PAUL KELLY, Jr., Circuit Judge.

Mr. Brooks, appearing pro se and in forma pauperis, appeals the district court's judgment on his habeas petition which granted him a 65-day reduction in his sentence. A two-judge panel of this court expedited this appeal, in which Mr. Brooks claims he is entitled to an additional 134-day reduction in his sentence for time spent in Texas jails, thereby making him eligible for release on June 29, 1993. We agree with the recommendation by the magistrate, adopted by the district court, that Mr. Brooks is not entitled to such credit. See I R. doc. 23 at 5-6. The judgment of the district court is


The mandate shall issue forthwith.


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


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