F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 5 1997

TENTH CIRCUIT PATRICK FISHER Clerk

DANIEL R. BRUCE,

Plaintiff-Appellant,

v.

WILLIAM PERRILL, Warden, FCI- Englewood, Federal Bureau of No. 97-1118 Prisons; ANGELA SHENK, Inmate (D.C. No. 96-S-1441) Records Mgr; HARRY SINGLE- (Colorado) TARY, Secretary, Florida Dept. of Corrections; D. DUFER; DON HUNTER; TRANSCOR AMERICA INC., a Tennessee Corporation, Extradition Agent,

Defendants-Appellees.

ORDER AND JUDGMENT *

Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, or collateral estoppel.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. 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 cause is

therefore ordered submitted without oral argument.

Plaintiff Daniel R. Bruce appeals the dismissal without prejudice of his

civil rights complaint. We have reviewed the record, the relevant authorities, and

plaintiff’s arguments on appeal, and we are persuaded that the district court did

not err in dismissing the case.

We AFFIRM the judgment of the district court substantially for the

reasons stated in the court’s Order of Dismissal.

ENTERED FOR THE COURT

Stephanie K. Seymour Chief Judge

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