UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

PAUL C. ALBERTS,

Petitioner - Appellant,

No. 98-8002
v.	(D. Wyoming)
DUANE SHILLINGER, Warden of the Wyoming State Penitentiary; WYOMING ATTORNEY GENERAL,

Respondents - Appellees.	(D.C. No. 93-CV-230)

ORDER AND JUDGMENT*

Before ANDERSON, McKAY , and LUCERO, 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.

Paul C. Alberts, a state prisoner, filed a petition pursuant to 28 U.S.C. § 2254 in August 1993. The district court denied Alberts' petition on the merits, and Alberts appeals. We construe his notice of appeal as an application for a certificate of probable cause.1

Alberts is not entitled to a certificate of probable cause unless he can make a substantial showing of the denial of a federal right. See Lozada v. Deeds, 498 U.S. 430, 431-32 (1991); Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983), overruled in part on other grounds by Lindh v. Murphy, 117 S. Ct. 2059 (1997). Having reviewed the district court's Orders of March 4, 1996 and January 14, 1998, as well as the appellate briefs and record on appeal, we conclude that there is no error in the district court's decisions. Therefore, for substantially the reasons stated by the district court, we conclude that Mr. Alberts has failed to make a substantial showing of the denial of a federal right.

Accordingly, we DENY Alberts a certificate of probable cause, and DISMISS the appeal.2

ENTERED FOR THE COURT

Stephen H. Anderson

Circuit Judge