JOHN P. MOORE, Circuit Judge. 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. Plaintiff, who is incarcerated in the federal penitentiary in Leavenworth, Kansas, commence…
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