Weldon v. WY Dept. Corrections ( 1997 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
OCT 10 1997
TENTH CIRCUIT
PATRICK FISHER
Clerk
STEVE ALLEN WELDON,
Petitioner-Appellant,
v.
WYOMING DEPARTMENT OF No. 97-8041
CORRECTIONS STATE (D.C. No. 96-CV-176)
PENITENTIARY WARDEN, in his (District of Wyoming)
official capacity, also known as James
Ferguson; WYOMING ATTORNEY
GENERAL,
Respondents-Appellees.
ORDER AND JUDGMENT*
Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of the
appeal. See Fed. R. App. P. 34(a) 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This order and judgment is not binding precedent, except under the doctrines of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.
The matter is before us upon appellant’s petition for issuance of a certificate of
appealability. Because his petition was filed before April 24, 1996, the provisions of 28
U.S.C. § 2253(c)(1996) are not applicable, and a certificate of appealability is not
required to establish jurisdiction in this court. Lindh v. Murphy, ___ U.S. ___, 117 S. Ct.
2059 (1997). A certificate of probable cause is GRANTED, and we proceed to the
merits of this case.
After examination of Mr. Weldon’s brief and the record, we conclude the district
court did not err in the dismissal of the petition. We affirm essentially 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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