UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

WILLIAM E. COOPER,

Petitioner-Appellant,

v.

MICHAEL V. PUGH,

Respondent-Appellee.

No. 98-1084

(D.C. No. 97-D-2587)

(District of Colorado)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

The district court properly concluded appellant failed to demonstrate the inadequacy of the remedy available to him under 28 U.S.C. § 2255. We AFFIRM for the reasons stated by the district court in its order of dismissal. The mandate shall issue forthwith.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge