UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ROBERT EDWARD KOZELSKI,

Petitioner-Appellant,

v.

WARDEN BOOKER,

Respondent-Appellee.	No. 97-1426

(D.C. No. 97-M-1099)

(D. Colo.)

ORDER AND JUDGMENT*

Before SEYMOUR, BRORBY, and BRISCOE, 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); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Mr. Robert Kozelski is a federal prisoner. Acting pro se, he sought a writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2241, arguing the United States Parole Commission's denial of credit for time he spent on parole after he was returned to prison for various violations of his parole conditions raises issues of due process and double jeopardy. Finding Mr. Kozelski's claims unsupportable, the district court denied his application and dismissed his case on October 31, 1997.

On December 4, 1997, pursuant to 28 U.S.C. § 1915(a)(3), the district court denied Mr. Kozelski's motion to proceed on appeal without paying this court's filing fee because the appeal was not taken in good faith. Pursuant to Federal Rule of Appellate Procedure 24(a), Mr. Kozelski now asks this court to grant him leave to file his appeal in forma pauperis.

After carefully reviewing the record, we find the district court properly denied Mr. Kozelski's application for a writ of habeas corpus. 1 Furthermore, we agree that this appeal was not taken in good faith. Therefore, pursuant to § 1915(a)(3) and Rule 24, we DENY Mr. Kozelski leave to proceed in forma pauperis and DISMISS his appeal.

Entered for the Court

WADE BRORBY

United States Circuit Judge