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  • Foster v. Flowers, 10th Cir. (1997)

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    Thomas Foster appealed the denial of his habeas corpus petition challenging his conviction. A panel of the Tenth Circuit Court of Appeals unanimously determined that oral arguments were not necessary and that Foster's request for a decision based on the briefs alone should be granted. The panel also granted Foster's request to proceed without prepayment of costs or fees and issued a certificate of appealability. The panel affirmed the lower court's judgment, adopting the reasons provided in the magistrate judge's Report and Recommendation.

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    Filed: 1997-10-31 Precedential Status: Non-Precedential Docket: 97-6178

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    Thomas Foster appealed the denial of his habeas corpus petition challenging his conviction. A panel of the Tenth Circuit Court of Appeals unanimously determined that oral arguments were not necessary and that Foster's request for a decision based on the briefs alone should be granted. The panel also granted Foster's request to proceed without prepayment of costs or fees and issued a certificate of appealability. The panel affirmed the lower court's judgment, adopting the reasons provided in the magistrate judge's Report and Recommendation.

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    2 views2 pages

    Foster v. Flowers, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    Thomas Foster appealed the denial of his habeas corpus petition challenging his conviction. A panel of the Tenth Circuit Court of Appeals unanimously determined that oral arguments were not necessary and that Foster's request for a decision based on the briefs alone should be granted. The panel also granted Foster's request to proceed without prepayment of costs or fees and issued a certificate of appealability. The panel affirmed the lower court's judgment, adopting the reasons provided in the magistrate judge's Report and Recommendation.

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    F I L E D

    UNITED STATES COURT OF APPEALS

    United States Court of Appeals


    Tenth Circuit

    TENTH CIRCUIT

    OCT 31 1997

    PATRICK FISHER
    Clerk

    THOMAS FOSTER,
    Plaintiff - Appellant,

    No. 97-6178

    v.

    (96-CV-1659)

    A. M. FLOWERS, Warden,

    (W.D. Okla.)

    Defendant - Appellee.
    ORDER AND JUDGMENT*
    Before BALDOCK, McKAY, and LUCERO, Circuit Judges.

    After examining Petitioners brief and the appellate record, this panel has
    determined unanimously to grant Petitioners request for a decision on the briefs without
    oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore
    ordered submitted without oral argument. We grant the motion for leave to proceed
    without prepayment of costs or fees, and we grant the certificate of appealability.

    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.
    *

    We affirm the judgment for the reasons given in the magistrate judges Report and
    Recommendation, as adopted by the trial court.
    AFFIRMED.
    Entered for the Court

    Monroe G. McKay
    Circuit Judge

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