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NICHOLS v. RENO

No. 96-1344.

124 F.3d 1376 (1997)

Terry Lynn NICHOLS, Plaintiff-Appellant, v. Janet RENO, Attorney General of the United States; Patrick M. Ryan, United States Attorney for the Western District of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 30, 1997.

Attorney(s) appearing for the Case

Michael E. Tigar (Ronald G. Woods, Adam Thurschwell, N. Reid Neureiter, and Jane B. Tigar, with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Sean Connelly, Special Attorney to the U.S. Attorney General (Joseph H. Hartzler, Special Attorney to the U.S. Attorney General; Douglas N. Letter, Appellate Litigation Counsel; and Jessica A. Lerner, Trial Attorney, with him on the briefs), U.S. Department of Justice, Denver, CO, for Defendants-Appellees.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

Terry Lynn Nichols appeals the dismissal of his civil action challenging the method in which the Attorney General authorized United States Attorney Patrick Ryan of the Western District of Oklahoma to seek the death penalty in a separate prosecution against Mr. Nichols. Mr. Nichols contends the Attorney General failed to follow the procedure she instituted in the United States Attorneys' Manual (Manual) and violated the Administrative...

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