UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

PEGGY SANDOVAL,

Petitioner - Appellant,

vs.

MUNICIPAL COURT, SAN JUAN COUNTY; TOM UDALL, Attorney General for the State of New Mexico,

Respondents - Appellees.

No. 97-2098

(	D.C. No. CIV-96-948 LH/WWD)

(D.N.M.)

ORDER AND JUDGMENT*

Before BRORBY, EBEL, and KELLY, Circuit Judges.**

Petitioner-appellant Peggy Sandoval, appearing pro se, appeals from the denial of her habeas petition, 28 U.S.C. § 2254, and dismissal of the action for lack of jurisdiction. The district court denied a certificate of appealability and it does not appear that Ms. Sandoval has applied for one in this court. See 28 U.S.C. § 2253(c)(2). Despite the invocation of various constitutional provisions and claims for general relief, the petition was properly construed as a collateral attack on the conviction. The district court adopted the magistrate judge's conclusion that Ms. Sandoval could not satisfy the "in custody" requirement of habeas corpus based solely on a speeding conviction resulting in a $30.00 fine and a $17.00 assessment of court costs. See United States v. Watroba, 56 F.3d 28, 29 (6th Cir.), cert. denied, 116 S. Ct. 269 (1995) (§ 2255); United States v. Segler, 37 F.3d 1131, 1137 (5th Cir. 1994) (same); Spring v. Caldwell, 692 F.2d 994, 999 (5th Cir. 1982) (§ 2254). We agree.

We construe Ms. Sandoval's opening brief as an application for a certificate of appealability, DENY it, and DISMISS the appeal.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge