F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS FEB 27 1998 TENTH CIRCUIT PATRICK FISHER Clerk

RONNIE LADALE THOMAS,

Petitioner - Appellant, v. No. 97-1344 (D.C. No. 97-M-1362) J. W. BOOKER, (District of Colorado)

Respondent - Appellee.

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

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* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. 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 indicates the district court did not err. The motion to appeal without

prior payment of costs is GRANTED. The judgment is AFFIRMED for the reasons

stated in the district court’s order of dismissal.

ENTERED FOR THE COURT

John C. Porfilio Circuit Judge

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