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BOUTWELL v. KEATING

No. 03-6278.

399 F.3d 1203 (2005)

John Kenneth BOUTWELL, Plaintiff-Appellant, v. Frank KEATING, individually and in his official capacity as Governor of the State of Oklahoma; H.N. "Sonny" Scott; Larry Fields, individually and in his former capacity as Director of the Oklahoma Department of Corrections; Drew Edmondson, Attorney General of the State of Oklahoma; James Saffle, individually and in his official capacity as Director of the Oklahoma Department of Corrections; Steven Hargett, individually and in his former capacity as Warden of Joseph Harp Correctional Center; Susan Bussey; Currie Ballard; Patrick J. Morgan; Flint Breckinridge; Stephanie Shapelle, and their successors individually and in their official capacities as members of the Oklahoma Pardon and Parole Board, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 23, 2005.

Attorney(s) appearing for the Case

Micheal Salem, Salem Law Offices, Norman, OK, for the Plaintiff-Appellant.

J. Kevin Behrens, Assistant Attorney General (Charles K. Babb, Assistant Attorney General, on the brief), Office of the Attorney General, Oklahoma City, OK, for the Defendants-Appellees.

Before TACHA, Chief Circuit Judge, KELLY, and McCONNELL, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant John Kenneth Boutwell was denied placement into Oklahoma's Pre-Parole Conditional Supervision ("PPCS") program. Alleging that this denial violated his constitutional rights, Mr. Boutwell seeks to challenge the state of Oklahoma's actions under 42 U.S.C. § 1983 or alternatively by petitioning for a writ of habeas corpus under 28 U.S.C. § 2254. The District Court dismissed Mr. Boutwell's action, finding that...

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