F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS OCT 13 1999
TENTH CIRCUIT PATRICK FISHER
Clerk
ROBERT LESLIE RICE,
Plaintiff-Appellant,
v.
WILEY CHRISTOPHER, Deputy District No. 98-1427
Attorney, Mesa County; ERIN TOBIN, (D.C. No. 97-Z-1801)
Paralegal Extradition Specialist, District (D. Colo.)
Attorney’s Office; FRANK J. DANIELS,
District Attorney, Grand Junction; RIECKE
CLAUSEN, Sheriff, Mesa County, Grand
Junction, Colorado,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before SEYMOUR, Chief Judge, BALDOCK and HENRY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without oral
argument. See F ED . R. A PP . P. 34(f); 10th Cir. R. 34.1(A)(2). The case is
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, or 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.
therefore ordered submitted without oral argument.
Robert Leslie Rice filed this civil rights complaint under 42 U.S.C. §1983
alleging that defendants were liable for unlawfully detaining him when he should
have been permitted to obtain his release by posting a bond. Based on the
recommendation of the magistrate judge, the district court granted summary
judgment for defendants. Mr. Rice appeals.
The recommendation of the magistrate judge details chronologically the
events whereby California initially filed a parole violator warrant against Mr.
Rice as a fugitive on November 30, 1994. This matter was ultimately dismissed
and seems to be the basis for Mr. Rice’s confusion. Subsequently the Governor
of California filed a new warrant on March 21, 1996, requesting the extradition of
Mr. Rice. The Colorado Governor issued an Extradition Warrant on May 13,
1996. It is this latter warrant that precluded defendants from releasing Mr. Rice.
For the reasons set out in the magistrate judge’s recommendation, we are
persuaded that the district court properly granted summary judgment for
defendants. Accordingly, the judgment of the district court is AFFIRMED. The
mandate shall issue forthwith.
ENTERED FOR THE COURT
Stephanie K. Seymour
Chief Judge
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