Berry v. State of Oklahoma

ORDER AND JUDGMENT *

CARLOS F. LUCERO, Circuit Judge.

J.C. Berry, a state prisoner appearing pro se, appeals following dismissal of his 42 U.S.C. § 1983 suit. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm for substantially the same reasons set forth by the district court.

I

Berry was convicted of first degree murder in Oklahoma state court in 1991. The judgment and conviction form states that Berry is responsible to “pay the costs of his prosecution.” However, a space provided for the amount of costs was left blank.

In 2010, Lori Kill, a case manager at the prison in which Berry was…