Lemmons v. Clymer

ORDER AND JUDGMENT *

CAROLYN B. McHUGH, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist 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.

I. INTRODUCTION

Appellant Tobin Don Lemmons, who is incarcerated in state prison in Oklahoma, filed a pro se civil rights complaint under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Oklahoma. The district court identified…