Court of Appeals for the Tenth Circuit January 15, 2003, 01-6285 (Burger v. Scott)

F I L E D

United States Court of Appeals

Tenth Circuit

PUBLISH

JAN 15 2003

UNITED STATES COURT OF APPEALS

PATRICK FISHER

Clerk

TENTH CIRCUIT

DEREK D. BURGER,

Petitioner - Appellant,

v. No. 01-6285

H.N. SCOTT, Warden,

Respondent - Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

(D.C. No. CIV-00-2063-M)

Submitted on the briefs:

Gloyd L.