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DUNCAN v. GUNTER

No. 93-1251.

15 F.3d 989 (1994)

Waller S. DUNCAN, Jr., Plaintiff-Appellant, and Rocky L. Pearson, Chris Badger, Thomas Chippewa, and Edward Smith, Plaintiffs, v. Frank O. GUNTER, Executive Director, Colorado Department of Corrections; Gale A. Norton, Colorado Attorney General, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 4, 1994.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Waller S. Duncan, Jr., pro se.

Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief Deputy Attorney General, Timothy R. Arnold, Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jane R. Christman, First Assistant Attorney General, and Larry D. Tannenbaum, Senior Assistant Attorney General, Tort Litigation Section, Denver, Colorado, for appellees.

Before MOORE, ANDERSON, and KELLY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Waller S. Duncan, Jr., an inmate at Buena Vista Correctional Facility, filed a suit along with four other inmates seeking damages and declaratory or injunctive relief under 42 U.S.C. § 1983.1 The plaintiffs claimed that the defendants wrongfully denied them an increase in earned-time credits, which would have entitled them to release. We affirm the district court's dismissal of the complaint.

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