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TENTH CIRCUIT
Elisabeth A. Shumaker
Clerk of Court
No. 08-6044
(W.D. Oklahoma)
Defendants - Appellees.
On September 18, 2007, Charles and Lanita Wallace filed in the United
States District Court for the Eastern District of Oklahoma a pro se medicalmalpractice and civil-rights claim against Thomas R. Russell and Michael
Tribbey. On November 7 the court transferred the case to the United States
District Court for the Western District of Oklahoma and that court notified the
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). 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 This order and judgment is not binding
precedent except under the doctrines of law of the case, res judicata, and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. It may be cited, however, for its persuasive value consistent
with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Instead, they simply restate their claims against Drs. Russell and Tribbey and
contend that bias governed the courts consideration of the merits of their claim.
Because we have been presented with no basis for ruling that the district
court abused its discretion, we AFFIRM the district courts dismissal without
prejudice.
ENTERED FOR THE COURT
Harris L Hartz
Circuit Judge
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