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CLARK v. TANSY

No. 91-2278.

13 F.3d 1407 (1993)

Terry CLARK, Petitioner-Appellant, v. Robert J. TANSY, Warden; Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

December 30, 1993.

Attorney(s) appearing for the Case

Peter Schoenburg, Albuquerque, NM, for petitioner-appellant.

William McEuen, Asst. Atty. Gen. for the State of N.M. (Tom Udall, Atty. Gen. of New Mexico, with him on the brief), Santa Fe, NM, for respondents-appellees.

Before McKAY, Chief Judge, WOOD, Jr. and ANDERSON, Circuit Judges.

McKAY, Chief Judge.

Terry Clark, a New Mexico state prisoner, appeals both the denial of his motion to dismiss his petition for habeas corpus without prejudice and the district court's holdings on the merits.1 Because our judgment on the issue of the district court's denial of Mr. Clark's motion to dismiss without prejudice is dispositive, we do not reach the other aspects of Mr. Clark's appeal.

Mr. Clark was convicted of kidnapping...

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