OpenJurist

61 F3d 917 Young v. Hargett

61 F.3d 917

Steven Ray YOUNG, Petitioner-Appellant,
v.
Steve HARGETT, Respondent-Appellee.

No. 94-5236.
(D.C.No. 93-C-1103-B)

United States Court of Appeals, Tenth Circuit.

July 19, 1995.

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

Before MOORE, BARRETT, and EBEL, Circuit Judges.

ORDER AND JUDGMENT1

1

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.

2

Petitioner-Appellant Steven Ray Young ("Young") filed a writ of habeas corpus in federal district court pursuant to 28 U.S.C. 2254. In his petition, Young requested relief from an Oklahoma state court conviction for robbery with firearms based on eight claims of error. The district court denied Young's petition for writ of habeas corpus, as well as his subsequent request for a certificate of probable cause,2 and Young appealed. The district court opinion thoroughly addressed each of Young's claims, and we adopt its reasoning. Therefore, we AFFIRM the decision of the district court to deny Young's motion for writ of habeas corpus. The mandate shall issue forthwith.

1

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 the court's General Order filed November 29, 1993. 151 F.R.D. 470

2

We issue a certificate of probable cause pursuant to 28 U.S.C. 2253 and proceed to the merits on appeal