Baird
Baird v. Caroche
Opinion
Lead Opinion
McKay, J.
ORDER AND JUDGMENT *
After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. RApp. P. 34(a)(2). The case is therefore ordered submitted without oral argument.
Appellant, a prisoner appearing pro se, seeks relief pursuant to 42 U.S.C. § 1983 . Appellant is currently incarcerated at the Buena Vista, Colorado, Correctional Facility. He is attacking a probation-violator warrant lodged against him as a detainer by the State of South Carolina. Appellant “asserts that he has attempted to have the detainer removed, apparently pursuant to the Interstate Agreement on Detainers Act (IADA).” Order and Judgment of Dismissal, 2 (D.Colo. Oct. 21, 2005). He claims that “the presence of the detainer affects his current conditions of confinement because it denies him the opportunity to participate in programs available to other prisoners” and that his South Carolina sentence should be served concurrently with his Colorado sentence. Id. The district court dismissed Appellant’s complaint as legally frivolous. Id. at 3 .