Parker v. Lansing ( 1999 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 7 1999
TENTH CIRCUIT
PATRICK FISHER
Clerk
WAYNE M. PARKER,
Petitioner-Appellant,
No. 98-3353
v.
(D.C. 98-CV-3325-RDR)
MICHAEL A. LANSING, (District of Kansas)
Respondent-Appellee.
ORDER AND JUDGMENT *
Before SEYMOUR , Chief Judge, BALDOCK , and HENRY , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App.P.34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Petitioner Wayne M. Parker is an inmate in the United States Disciplinary
Barracks, Fort Leavenworth, Kansas. He has filed a petition for habeas corpus
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
pursuant to 28 U.S.C. § 2241, challenging the legality of his incarceration. As the
district court correctly determined, however, Mr. Parker’s petition reveals that his
direct appeal is pending before the United States Army Court of Criminal
Appeals. See Rec. doc. 1, at 3. “Petitioner must exhaust his military remedies
before filing a civil habeas petition.” Lundy v. Zelez , 908 F.2d 593, 594 (10th
Cir. 1990). Therefore, we AFFIRM the district court’s dismissal of Mr. Parker’s
petition for habeas corpus without prejudice.
Entered for the Court,
Robert H. Henry
Circuit Judge
2