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United States v. Storm, 10th Cir. (2008)
United States v. Storm, 10th Cir. (2008)
Elisabeth A. Shumaker
Clerk of Court
No. 07-4179
District of Utah
Defendant-Appellant.
After examining the briefs and 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 submitted without oral argument. This order and judgment is not
binding precedent, except under the doctrines of law of the case, res judicata, and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.
in the District of Utah, which lacked jurisdiction to rule on the merits of the
claim. The district courts original dismissal without prejudice was therefore
appropriate, and so we must vacate the district courts subsequent response to Mr.
Storms motion for reconsideration, which it decided on the merits. The district
court is directed to dismiss the petition without prejudice, so that Mr. Storm can
refile his petition in a court of competent jurisdiction. 1
The judgment of the United States District Court for the District of Utah is
VACATED and the case is REMANDED for further proceedings in accordance
with this opinion.
Entered for the Court,
Michael W. McConnell
Circuit Judge