UNITED STATES COURT OF APPEALS
Filed 10/31/95
TENTH CIRCUIT
FRIZELLE AGUILAR,
Plaintiff - Appellant, No. 95-2013
v. (D.C. No. CIV 94-534 M/LFG)
TOM NEWTON and ATTORNEY (District of New Mexico)
GENERAL FOR THE STATE OF NEW
MEXICO,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before SEYMOUR, Chief Judge, McKAY and HENRY , Circuit Judges.
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.
We grant Respondent’s motion to strike all documents,
letters, pleadings, receipts, and all other materials filed by
*
This order and judgment is not binding precedent, except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.
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Petitioner, except Petitioner’s brief, and to strike attachments
three and four to her brief. The stricken documents are not
properly before this court because they were not received into
evidence by the magistrate judge or the district court. Aero-
Medical, Inc. v. United States , 23 F.3d 328, 329 n.2 (10th Cir.
1994).
We AFFIRM for the reasons provided by the magistrate judge
as adopted by the district court. The mandate shall issue
forthwith.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
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