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Ray R. McLamore v. Richard R. Thornburgh, J. Michael Quinlan, Gary L. Henman, Warden, Sharon P. Dixon, Mayor of Washington, D.C.
Citations: 944 F.2d 911; 1991 U.S. App. LEXIS 28108Docket: 91-3050
Court: Court of Appeals for the Tenth Circuit; September 12, 1991; Federal Appellate Court
Ray R. McLamore, the petitioner-appellant, was convicted of a criminal violation under the District of Columbia Code and subsequently transferred to the United States Penitentiary in Leavenworth, Kansas. He filed a habeas corpus petition under 28 U.S.C. § 2241, which was denied by the district court. McLamore appealed the denial under 28 U.S.C. § 2253. The district court deemed his appeal frivolous and denied him in forma pauperis status, which he subsequently renewed in the Tenth Circuit, where it was granted. The Tenth Circuit dismissed an interlocutory appeal as moot due to the ruling on the merits of the appeal. All claims presented by McLamore were reviewed and found to lack merit, referencing the case Blango v. Thornburgh. The judgment of the United States District Court for the District of Kansas was affirmed, and the mandate was ordered to issue immediately. The order and judgment are not to be cited as precedent, except for establishing legal doctrines like law of the case, res judicata, or collateral estoppel. The Tenth Circuit panel determined that oral argument would not aid in the appeal's resolution and opted to submit the case without it. The court also declined McLamore's request for appellees to file a brief, stating that they could rely on their previous briefs from the district court.