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UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
ORDER AND JUDGMENT(*)
Before BRORBY, KELLY, and MURPHY, Circuit Judges.(**)
Mr. Humphrey, appearing pro se, seeks to appeal the district court's order
denying his petition for a writ of habeas corpus. Mr. Humphrey is a Wyoming
state prisoner. He argues that his detention in a private correctional facility in
Colorado entitles him to habeas corpus relief. We have jurisdiction under 28
U.S.C. § 2253, and construe Mr. Humphrey's petition as brought under 28 U.S.C.
§ 2241. In light of our decision in Montez v. McKinna, 208 F.3d 862 (10th Cir.
2000) (no federal constitutional right to incarceration in any particular prison,
private or public), we DENY Mr. Humphrey's application for a certificate of
appealability and DISMISS the appeal. See id. at 865-66. Mr. Humphrey's
attempt to distinguish Montez as premised upon a transfer pursuant to the
Western Interstate Corrections Compact is neither accurate nor persuasive.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
FOOTNOTES
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*. This order and judgment is not binding
precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. This 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.
**. After examining the briefs and the
appellate record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1 (G). The cause is therefore ordered submitted without oral
argument.
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