UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

DAVID J. BERESOVOY,
Petitioner - Appellant,	No. 97-7126
v.	(D.C. No. 95-CV-362)
RITA ANDREWS,	(E.D. Okla.)
Respondent - Appellee.

ORDER AND JUDGMENT*

Before ANDERSON, McKAY, and LUCERO, Circuit Judges.

After examining Petitioner-Appellant's brief and the 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); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

In his 28 U.S.C. § 2254 habeas corpus petition, Petitioner David J. Beresovoy asserts that his Fourteenth Amendment due process rights were violated when the Oklahoma state district court of Muskogee County held his parole revocation hearing outside of the twenty days required by Oklahoma statute. See Okla. Stat. tit. 22, § 991 (1991). Petitioner further alleges that the state court did not have jurisdiction to rule on the second application to revoke his parole because the court lost jurisdiction due to the alleged violation of the Oklahoma statute.

After careful review of Petitioner's contentions and the record, we are persuaded that Petitioner has failed to make a "'substantial showing of the denial of an important federal right by demonstrating that the issues raised are debatable among jurists, that a court could resolve the issues differently, or that the questions deserve further proceedings.'" Smith v. Secretary of New Mexico Dep't of Corrections, 50 F.3d 801, 821 (10th Cir. 1995) (quoting Gallagher v. Hannigan, 24 F.3d 68, 68 (10th Cir. 1994)), cert. denied sub nom. Mondragon v. Smith, ___ U.S. ___, 116 S. Ct. 272 (1995). We therefore deny Petitioner's request for a certificate of probable cause1 for the reasons stated in the district court's Order Affirming and Adopting Findings and Recommendation of the United States Magistrate Judge filed September 25, 1997.

Petitioner's request for a certificate of probable cause is DENIED, and the appeal is DISMISSED.

Entered for the Court

Monroe G. McKay

Circuit Judge