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Clerk of Court
v.
WARDEN, Fremont C.F.; CHARLES
OLIN, Director of
Mental Health/SOTP, Fremont C.F.;
JOHN MCGILL, Therapist, Mental
Health/SOTP, Fremont C.F.,
Defendants-Appellees.
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)(2); 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not binding precedent, except under the doctrines of law of the case, res judicata,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.
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the SOTP from which he was terminated without due process, creating a
Catch-22 situation whereby plaintiff lost the opportunity to earn early release
from prison, the same opportunity given to other inmates in the CDOC;
(10) whether plaintiffs constitutional rights were violated by actions of
defendants, and whether those rights were clearly established at the time of
defendants conduct; (11) whether plaintiff had stated no material facts to
support his claims; and (12) whether defendants are justifiably entitled to
qualified immunity and/or sovereign immunity (based upon the 11th Amendment)
in view of evidence presented by plaintiff.
As argument, appellant merely restates some of his issues on appeal; he
presents no reasoned argument supported by legal authorities or citation to the
record on appeal. Nevertheless, we have carefully reviewed the magistrate
judges recommendation and the district courts orders in light of the parties
arguments, the record on appeal, and the governing law. We are unpersuaded by
appellants arguments and affirm for substantially the reasons stated by the
district court.
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