66 F3d 338 Guy v. Champion

66 F.3d 338

Ulus GUY, Jr., Petitioner-Appellant,
v.
Ron CHAMPION, State of Oklahoma, and Attorney General for
the State of Oklahoma, Respondents-Appellees.

No. 95-5071.
(D.C.No. 94-C-1073-B).

United States Court of Appeals, Tenth Circuit.

Sept. 13, 1995.

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

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

ORDER AND JUDGMENT1

1

McKAY.

2

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.

3

This matter is before the court on Petitioner's application for a certificate of probable cause and request for leave to proceed in forma pauperis. We issue a certificate of probable cause and grant Petitioner's request to proceed in forma pauperis.

4

Another panel of this court recently affirmed the dismissal of an identical habeas corpus action by this Petitioner.2 Even though it was filed and dismissed after the instant petition, it reached circuit finality before the consideration of this petition. We are bound by that decision and therefore affirm the dismissal of this petition.

5

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This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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

2

Guy v. Champion, No. 95-5096 (10th Cir. July 21, 1995)