FILED
United States Court of Appeals
Tenth Circuit

AUG 17 2000

PATRICK FISHER
Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

MARIO RUSSELL,

Plaintiff - Appellant,
vs.

JOE WILLIAMS, Warden, Lea County Correctional Facility; GARY JOHNSON, Governor, State of New Mexico; ROBERT PERRY, Secretary of Corrections; NEW MEXICO CORRECTIONS DEPARTMENT, State of New Mexico; WACKENHUT CORRECTIONS CORPORATION, a Florida Corporation; LEA COUNTY, New Mexico; ATTORNEY GENERAL FOR THE STATE OF NEW MEXICO,

Defendants - Appellees.	

No. 00-2144
(	D.C. No. CIV-00-301-LH/WWD)
(D.N.M.)

ORDER AND JUDGMENT*

Before BRORBY, KELLY, and MURPHY, Circuit Judges.**

	The facts and issues in this case are identical to those in Rael v. Williams, No. 00-2145, 2000 WL 1050091 (10th Cir.  July 31, 2000).  Thus, our decision is governed by the analysis and conclusions therein.
	Accordingly, we GRANT a certificate of appealability, and AFFIRM the judgment of the district court as modified to dismiss the claim cognizable under § 2241 with prejudice; all other claims contained in the petition are dismissed without prejudice.  

						Entered for the Court

						Paul J. Kelly, Jr.
						Circuit Judge