F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
AUG 30 1999
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Respondent - Appellee, No. 99-6200
v. W.D. Oklahoma
HERMAN TRACY CLARK, (D.C. No. CV-99-111-C)
Petitioner - Appellant.
ORDER AND JUDGMENT *
Before ANDERSON , KELLY , 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)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
After filing multiple unsuccessful petitions for a writ of habeas corpus,
pursuant to 28 U.S.C. § 2255, the petitioner in this case, Herman Tracy Clark,
This order and judgment is not binding precedent, except under the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.
filed a petition for a writ of coram nobis . The magistrate judge recommended
that the petition be denied. The district court, upon de novo review, adopted the
magistrate judge’s report and recommendation and denied the writ. Mr. Clark
appeals from that denial.
For the reasons stated in the magistrate judge’s report and recommendation,
filed April 23, 1999, we affirm. Such writs were largely abolished in 1948,
leaving only an exceedingly narrow independent action exception for grave
miscarriages of justice. United States v. Beggerly , 524 U.S. 38 (1998). This case
does not fall into that category.
AFFIRMED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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