FILED
United States Court of Appeals
Tenth Circuit
August 1, 2011
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
EBRAHIM ADKINS,
Plaintiff-Appellant, No. 11-3102
v. (D.C. No. 5:11-CV-03004-RDR)
J. THOMAS MARTEN, Federal (D. Kan.)
District Court Judge,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges.
After examining Plaintiff’s brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist in the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
This case is therefore ordered submitted without oral argument.
Plaintiff Ebrahim Adkins appeals from the district court’s dismissal of his
civil action against the district court judge who denied Plaintiff’s prior petition
for a writ of habeas corpus. The court held that Plaintiff could not overturn the
ruling in the earlier habeas action through a § 1983 or mandamus action in the
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
district court. The court thus reasoned that Plaintiff’s prayers for prospective
injunctive relief were barred by the mandate in the earlier decision and that
Defendant’s judicial immunity barred any claims for other relief. The court
further concluded that, to the extent Plaintiff sought to raise new claims in
habeas, such claims could not be considered because Plaintiff had not obtained
Tenth Circuit authorization to file a second or successive § 2254 habeas petition.
We see no error in the district court’s ruling, and we therefore AFFIRM
the dismissal of Plaintiff’s complaint for substantially the same reasons stated by
the district court. Moreover, because the claims Plaintiff seeks to raise in this
action were already raised and ruled on in the earlier habeas action, we DENY
Plaintiff’s request for this court to authorize the filing of a second or successive §
2254 application.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
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