UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

GARY REYNOLDS,

Petitioner-Appellant,

v.

JOE WILLIAMS, Warden; ATTORNEY GENERAL FOR THE STATE OF NEW MEXICO,

Respondents-Appellees.

No. 98-2181

(D.C. No. CIV 94-1157 M/LFG)

(D. N.M.)

ORDER AND JUDGMENT*

Before TACHA, BARRETT, and MURPHY, 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)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Petitioner Gary Reynolds seeks to appeal from the district court's order denying his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, and dismissing the action with prejudice. The district court also denied petitioner a certificate of appealability.1

After review of petitioner's brief and the record on appeal, we conclude that petitioner has not made "a substantial showing of the denial of [a] federal right." Barefoot v. Estelle, 463 U.S. 880, 893 (1983) (further quotation omitted). Therefore, we deny petitioner's request for a certificate of probable cause, and dismiss the appeal.

Entered for the Court

James E. Barrett

Senior Circuit Judge