Filed: Feb. 27, 1998
Latest Update: Feb. 21, 2020
Summary: F I L E D United States Court of Appeals Tenth Circuit FEB 27 1998 UNITED STATES COURT OF APPEALS TENTH CIRCUIT PATRICK FISHER Clerk RICHARD ANTHONY BOURIE, Petitioner - Appellant, No. 97-1343 v. (D. Colorado) ATTORNEY GENERAL OF THE (D.C. No. 97-B-1625) STATE OF COLORADO, Respondent - Appellee. ORDER AND JUDGMENT * Before ANDERSON, McKAY, and LUCERO, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially ass
Summary: F I L E D United States Court of Appeals Tenth Circuit FEB 27 1998 UNITED STATES COURT OF APPEALS TENTH CIRCUIT PATRICK FISHER Clerk RICHARD ANTHONY BOURIE, Petitioner - Appellant, No. 97-1343 v. (D. Colorado) ATTORNEY GENERAL OF THE (D.C. No. 97-B-1625) STATE OF COLORADO, Respondent - Appellee. ORDER AND JUDGMENT * Before ANDERSON, McKAY, and LUCERO, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assi..
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F I L E D
United States Court of Appeals
Tenth Circuit
FEB 27 1998
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT PATRICK FISHER
Clerk
RICHARD ANTHONY BOURIE,
Petitioner - Appellant, No. 97-1343
v. (D. Colorado)
ATTORNEY GENERAL OF THE (D.C. No. 97-B-1625)
STATE OF COLORADO,
Respondent - Appellee.
ORDER AND JUDGMENT *
Before ANDERSON, McKAY, and LUCERO, Circuit Judges.
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); 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This order and judgment is not binding precedent, except under the doctrines of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. 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.
Appellant Richard Anthony Bourie, proceeding pro se, appeals the
dismissal of his 28 U.S.C. § 2254 habeas action, in which he sought relief from a
civil, state personnel “corrective action” he received based on his use of excessive
force in the course of an arrest he made while employed as a police officer by the
University of Colorado Health Sciences Center. The district court held it lacked
jurisdiction to hear a habeas petition based solely on a civil state personnel
proceeding, and dismissed Mr. Bourie’s petition.
We deny Mr. Bourie’s request for a certificate of appealability and dismiss
his petition for substantially the reasons stated in the district court’s order dated
August 26, 1997.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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