Timothy Neese, Petitioner-appellant, v. R.g. Thompson, Warden, Respondent-appellee, 65 F.3d 178 (10th Cir. 1995)

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U.S. Court of Appeals for the Tenth Circuit - 65 F.3d 178 (10th Cir. 1995) Aug. 30, 1995

Before SEYMOUR, Chief Judge, McKAY and HENRY, Circuit Judges.


ORDER AND JUDGMENT1 

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.

Mr. Neese appeals the denial of his petition for habeas corpus brought pursuant to 28 U.S.C. 2241. The magistrate judge found that the district court for the Eastern District of Oklahoma lacked jurisdiction because the petitioner was incarcerated in the Western District of Oklahoma. United States v. Scott, 803 F.2d 1095, 1096 (10th Cir. 1986). We affirm this dismissal on jurisdictional grounds.

The order of the district court adopting the findings and recommendations of the magistrate judge is AFFIRMED. The mandate shall issue forthwith.

 1

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 the court's General Order filed November 29, 1993. 151 F.R.D. 470