CORY DEAN LUMAN,
JOE WILLIAMS, Warden, Lea County
Correctional Facility; GARY
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,
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 WL1051845 (10th Cir. July 31, 2000). Thus, our decision is governed by the analysis and conclusions therein.
Accordingly, this court GRANTS a certificate of appealability and AFFIRMS the judgment of the district court as modified to dismiss the claim cognizable under 28 U.S.C. § 2241 with prejudice; all other claims contained in the petition are dismissed without prejudice.
ENTERED FOR THE COURT:
Michael R. Murphy
*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata and collateral estoppel.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.