F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 7 2002
TENTH CIRCUIT
PATRICK FISHER
Clerk
MICHAEL WAYNE McCOY,
Petitioner - Appellant,
v. No. 01-6388
(D.C. No. 01-CV-1003-T)
T. C. PETERSON, Warden, Federal (W.D. Okla.)
Correctional Institution, El Reno, OK,
Respondent - Appellee.
ORDER AND JUDGMENT *
Before EBEL, KELLY, and LUCERO, Circuit Judges. **
Mr. McCoy seeks to appeal from the district court’s denial of his habeas
petition pursuant to 28 U.S.C. § 2241. The district court and the magistrate judge
correctly held that a motion pursuant to 28 U.S.C. § 2255 is Mr. McCoy’s sole
remedy and that such remedy cannot be deemed “inadequate or ineffective” in
these circumstances. I R. Docs. 7 & 9. See Caravalho v. Pugh, 177 F.3d 1177,
*
This order and judgment is not binding precedent, except under the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.
**
After examining the briefs and the appellate record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
1179 (10th Cir. 1999). Accordingly, we DISMISS the appeal. Mr. McCoy’s
motion for leave to proceed on appeal in forma pauperis is DENIED as moot.
We DENY Mr. McCoy’s “Motion for Leave to File a Supplemental
Briefing Covering Newly Discovered Evidence that Proves that the Government
Perpetrated Fraud Upon the District Court.”
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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