UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

CORY DEAN LUMAN,

Petitioner-Appellant,

v.

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,

Respondents-Appellees.

No. 00-2200

(District of New Mexico)

(D.C. No. CIV-00-629-JP/LCS)

ORDER AND JUDGMENT*

Before BRORBY, KELLY, and MURPHY, Circuit Judges.

After examining the briefs and appellate record, this three-judge 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.

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

Circuit Judge