98-1092 -- Archuleta v. Furlong -- 08/27/1998

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ROBERT A. ARCHULETA,

Petitioner - Appellant,

ROBERT FURLONG; ATTORNEY GENERAL OF THE STATE OF COLORADO,

Respondents - Appellees.

No. 98-1092

(D.C. No. 97-S-1790)

(District of Colorado)

ORDER AND JUDGMENT^(*)

Before ANDERSON, McKAY and LUCERO, Circuit Judges.

Petitioner seeks a certificate of appealability, see 28 U.S.C. § 2253(c), in order to appeal the denial of his 28 U.S.C. § 2254 habeas petition, in which he sought relief from sentences imposed in Colorado after he was twice convicted for aggravated robbery. The federal district court, accepting the magistrate judge's report and recommendation, concluded that petitioner had failed to exhaust the state remedies available to him. See 28 U.S.C. § 2254(b)(1).

After careful consideration of the record, we DENY petitioner's application for a certificate of appealability for substantially the reasons stated by the district court in its order denying habeas relief dated February 27, 1998. We therefore DISMISS this appeal.

The mandate shall issue forthwith.

ENTERED FOR THE COURT

Carlos F. Lucero

Circuit Judge

FOOTNOTES
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^*. The case is unanimously ordered submitted without oral argument pursuant to Fed. R. App. P. 34(a) and 10th Cir. R. 34.1.9. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

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