UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ROLLY O. KINNELL,

Plaintiff - Appellant, No. 98-3085 v. (D. Kansas) DEPARTMENT OF JUSTICE; DRUG ENFORCEMENT ADMINISTRATION, Janet Reno, Department of Drug Enforcement; ATTORNEY GENERAL OF THE STATE OF KANSAS, Carla J. Stovall; GOVERNOR OF THE STATE OF KANSAS, Bill Graves,

Defendants - Appellees. (D.C. No. 96-CV-3008)

ORDER AND JUDGMENT(*)

Before ANDERSON, McKAY, and LUCERO, Circuit Judges.

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.

Having reviewed the file in this case, we conclude that this appeal is frivolous. We deny Mr. Kinnell's motion to proceed without prepayment of costs or fees, and this appeal is DISMISSED. See 28 U.S.C. § 1915(e)(2)(B)(i).

ENTERED FOR THE COURT

Stephen H. Anderson

Circuit Judge

FOOTNOTES

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*.This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.