Thomas Foster, Plaintiff-appellant, v. A.m. Flowers, Warden, Defendant-appellee, 129 F.3d 130 (10th Cir. 1997)

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US Court of Appeals for the Tenth Circuit - 129 F.3d 130 (10th Cir. 1997) Oct. 31, 1997. ISAAX

Before BALDOCK, McKAY, and LUCERO, Circuit Judges.


ORDER AND JUDGMENT* 

After examining Petitioner's brief and the appellate record, this panel has determined unanimously to grant Petitioner's request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument. We grant the motion for leave to proceed without prepayment of costs or fees, and we grant the certificate of appealability. We affirm the judgment for the reasons given in the magistrate judge's Report and Recommendation, as adopted by the trial court.

AFFIRMED.

 *

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3

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