UNITED STATES COURT OF APPEALS Filed 11/2/95 TENTH CIRCUIT

PETER PAUL MARTINEZ, Petitioner - No. 95-1167 Appellant, v. (D.C. No. 94-M-1775) ARISTEDES W. ZAVARAS and (District of Colorado) GALE NORTON, Attorney General of the State of Colorado, Respondents - Appellees.

ORDER AND JUDGMENT *

Before SEYMOUR, Chief Judge, McKAY and HENRY, Circuit Judges.

The parties have agreed that this case may be submitted for

decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. After examining the briefs and appellate record, this

panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.

App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered 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* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court’s General Order filed November 29, 1993. 151 F.R.D. 470. We AFFIRM for the reasons provided by the district court.

ENTERED FOR THE COURT

Monroe G. McKay Circuit Judge

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