F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
NOV 26 1997
TENTH CIRCUIT
PATRICK FISHER
Clerk
SAMUEL BROWN,
Petitioner-Appellant,
No. 97-1186
v.
(D.C. No. 96-D-2096)
(District of Colorado)
WILLIAM A. PERRILL,
Respondent-Appellee.
ORDER AND JUDGMENT*
Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, 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This order and judgment is not binding precedent, except under the doctrines of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. This 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.
We hold the district court did not err in dismissing without prejudice appellant’s
habeas corpus petition. We AFFIRM for the reasons stated by the district court in its
order adopting the findings and recommendations of the magistrate judge. The motion to
proceed without prepayment of fees is GRANTED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
John C. Porfilio
Circuit Judge
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