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    Garner v. Williams, 10th Cir. (2000)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit in the case of Joseph A. Garner vs. various defendants including the governor of New Mexico and corrections departments and facilities. The order grants a certificate of appealability but ultimately affirms the judgment of the district court with minor modifications. Specifically, the Tenth Circuit dismisses one claim under the case with prejudice while dismissing all other claims in the petition without prejudice. The facts and issues of this case are identical to those of another case, Rael v. Williams, that the Tenth Circuit has already decided and the decision is governed by the analysis and conclusions of that prior case.

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    Garner v. Williams, 10th Cir. (2000)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit in the case of Joseph A. Garner vs. various defendants including the governor of New Mexico and corrections departments and facilities. The order grants a certificate of appealability but ultimately affirms the judgment of the district court with minor modifications. Specifically, the Tenth Circuit dismisses one claim under the case with prejudice while dismissing all other claims in the petition without prejudice. The facts and issues of this case are identical to those of another case, Rael v. Williams, that the Tenth Circuit has already decided and the decision is governed by the analysis and conclusions of that prior case.

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    Filed: 2000-08-17 Precedential Status: Non-Precedential Docket: 00-2151

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    This document is an order from the United States Court of Appeals for the Tenth Circuit in the case of Joseph A. Garner vs. various defendants including the governor of New Mexico and corrections departments and facilities. The order grants a certificate of appealability but ultimately affirms the judgment of the district court with minor modifications. Specifically, the Tenth Circuit dismisses one claim under the case with prejudice while dismissing all other claims in the petition without prejudice. The facts and issues of this case are identical to those of another case, Rael v. Williams, that the Tenth Circuit has already decided and the decision is governed by the analysis and conclusions of that prior case.

    Copyright:

    Public Domain
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    6 views2 pages

    Garner v. Williams, 10th Cir. (2000)

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    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit in the case of Joseph A. Garner vs. various defendants including the governor of New Mexico and corrections departments and facilities. The order grants a certificate of appealability but ultimately affirms the judgment of the district court with minor modifications. Specifically, the Tenth Circuit dismisses one claim under the case with prejudice while dismissing all other claims in the petition without prejudice. The facts and issues of this case are identical to those of another case, Rael v. Williams, that the Tenth Circuit has already decided and the decision is governed by the analysis and conclusions of that prior case.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    AUG 17 2000

    PATRICK FISHER
    Clerk

    JOSEPH A. GARNER,
    Plaintiff - Appellant,

    vs.

    JOE WILLIAMS, Warden, Lea County


    Correctional Facility; GARY
    JOHNSON, Governor, State of New
    Mexico; ROBERT PERRY, Secretary
    of Corrections; NEW MEXICO
    CORRECTIONS DEPARTMENT,
    State of New Mexico; WACKENHUT
    CORRECTIONS CORPORATION, a
    Florida Corporation; LEA COUNTY,
    New Mexico; ATTORNEY GENERAL
    FOR THE STATE OF NEW MEXICO,

    No. 00-2151
    (D.C. No. CIV-00-302-BB/RLP)
    (D.N.M.)

    Defendants - Appellees.
    ORDER AND JUDGMENT *
    Before BRORBY, KELLY, and MURPHY, Circuit Judges. **

    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.
    **

    The facts and issues in this case are identical to those in Rael v. Williams,
    No. 00-2145, 2000 WL 1050091 (10th Cir. July 31, 2000). Thus, our decision is
    governed by the analysis and conclusions therein.
    Accordingly, we GRANT a certificate of appealability, and AFFIRM the
    judgment of the district court as modified to dismiss the claim cognizable under
    2241 with prejudice; all other claims contained in the petition are dismissed
    without prejudice.
    Entered for the Court
    Paul J. Kelly, Jr.
    Circuit Judge

    -2-

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