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CLARK v. LAVALLIE

No. 99-1082.

204 F.3d 1038 (2000)

Ernest Frank CLARK, Plaintiff-Appellant, v. LAVALLIE; Patrick; Ireulli; Gall; Pruyne; and Basinger, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 28, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Ernest Frank Clark, pro se.

Susan L. Foreman, Boulder, Colorado, for Plaintiff-Appellant.

Thomas L. Strickland, United States Attorney; Mark S. Pestal, Assistant United States Attorney; and Sean Connelly, Attorney, U.S. Department of Justice, for Defendants-Appellees.

Before BRISCOE, PORFILIO, Circuit Judges; and ROGERS, District Judge.

JOHN C. PORFILIO, Senior Circuit Judge.

The sole issue presented in this case is whether Fed. R.App. P. 4(a)(6)1 trumps Fed.R.Civ.P. 60(b)2. We hold it does and affirm.

After filing a pro se legal action in the United States District Court for the District of Colorado on April 9, 1996, Ernest Frank Clark, a federal prisoner, was transferred from the Federal Correctional Institution in Florence...

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