FILED
United States Court of Appeals
Tenth Circuit

OCT 30 2000

PATRICK FISHER
Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
__________________________

MIKE GARDNER,

	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. 00-2184
(D. N.M.)
(D.Ct. No. CIV-00-296-JP)	
	____________________________

ORDER AND JUDGMENT*

Before BRORBY, KELLY, 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.

	Appellant Mike Gardner, a state inmate appearing pro se, appeals the district court’s decision denying his habeas corpus petition filed under 28 U.S.C. § 2241 for failure to exhaust existing state remedies.  The facts and issues in this case are identical to those in Rael v. Williams, WL 1051845 (10th Cir. July 31, 2000), petition for cert. filed, (U.S. Oct. 10, 2000) (No. 00-6587).  Thus, our decision is governed by this court’s analysis and conclusions therein.

	Accordingly, we grant Mr. Gardner a certificate of appealability and AFFIRM 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 Mr. Gardner’s petition are dismissed without prejudice.

						Entered by the Court:

						WADE BRORBY
						United States Circuit Judge