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NOV 15 2001
PATRICK FISHER
Clerk
MARVIN BROWN,
Plaintiff-Appellant,
v.
JOE WILLIAMS, Warden, Central
New Mexico Correctional Facility;
KEVIN R. WIGGINS, Captain; JOSE
ROMERO, Captain; EDWARD
CHAVEZ, Segregation Chairman,
No. 00-2372
(D.C. No. CIV-97-825-BB/KBM)
(D. N.M.)
Defendants-Appellees.
ORDER AND JUDGMENT
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and 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.
Plaintiff also has filed a motion for a preliminary injunction with this court,
contending that defendants improperly confiscated his legal materials on
August 29, 2001, and regressed his custody status for possessing contraband
materials. Defendants have responded to the motion, arguing that plaintiff failed
to comply with Fed. R. App. P. 8 and 10th Cir. R. 8.1, that plaintiffs request is
moot because his legal materials have been returned, and that this court lacks
jurisdiction to review the prisons internal administrative proceedings. It is
sufficient to state that plaintiff failed to comply with Fed. R. App. P. 8 and 10th
Cir. R. 8.1, and failed to demonstrate his entitlement to injunctive relief.
The judgment of the district court is AFFIRMED. Plaintiffs motion for a
preliminary injunction is denied. The mandate shall issue forthwith.
Entered for the Court
David M. Ebel
Circuit Judge
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