F I L E D
United States Court of Appeals
Tenth Circuit
FEB 21 1997
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT PATRICK FISHER
Clerk
ROBERT C. GARNETT, SR.,
Petitioner - Appellant, No. 96-1249
v. D. Colorado
O. JOHN KUENHOLD, State of (D.C. No. 96-S-969)
Colorado District Court Judge,
Respondent - Appellee.
ORDER AND JUDGMENT*
Before ANDERSON, HENRY, and BRISCOE, 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.
*
This order and judgment is not binding precedent, except under the doctrines of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.
Robert C. Garnett, Sr. appeals from the dismissal of a matter he filed in the district
court entitled “Motion for Court Transcripts.” In that motion, Mr. Garnett urges the
federal court to order the Twelfth Judicial District in the State of Colorado to provide
court transcripts from four different trials in Colorado state court. He alleges that the
transcripts are necessary because he “is in the process of filing” a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, and other actions. In short, Mr. Garnett has
no case pending in federal court but has filed a motion for assistance in preparing a case
to be filed.
After reviewing the papers submitted by Mr. Garnett, we conclude that the district
court did not err in dismissing this proceeding or in finding that the proceeding, as framed
by Mr. Garnett, is frivolous.
AFFIRMED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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