F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 3 1997 TENTH CIRCUIT PATRICK FISHER Clerk

PHILLIP LEE KELLEY,

Petitioner-Appellant,

v. No. 97-6291 (D.C. No. 96-CV-2074) RON CHAMPION and ATTORNEY (Western District of Oklahoma) GENERAL OF THE STATE OF OKLAHOMA,

Respondents-Appellees.

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined

unanimously to grant the appellant’s request for a decision on the briefs without oral

argument. See Fed. R. App. P. 34(f) and 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* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. 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. Our review reveals this district court did not err. We therefore AFFIRM for the

reasons stated by the district court in its order of August 4, 1997.

ENTERED FOR THE COURT

John C. Porfilio Circuit Judge

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