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April 6, 2010
UNITED STATES COURT OF APPEALSElisabeth A. Shumaker
TENTH CIRCUIT
Clerk of Court
CHESTER L. BIRD,
Petitioner - Appellant,
v.
EDDIE WILSON, Warden, Wyoming
State Penitentiary,
No. 09-8073
(D. Ct. No. 2:09-CV-00133-CAB)
(D. Wyo.)
Respondent - Appellee.
After examining the briefs and the appellate record, this three-judge panel has
determined unanimously that oral argument would not be of material assistance in 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.
Chester L. Bird, a Wyoming state prisoner proceeding pro se, seeks a certificate of
appealability (COA) to appeal from the dismissal of his habeas petition brought
pursuant to 28 U.S.C. 2241. We take jurisdiction under 28 U.S.C. 1291, DENY Mr.
This order and judgment is not binding precedent except under the doctrines of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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