UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

LEE DAVID HUMPHREY,

Petitioner - Appellant,

vs.

MARK MCKINNA, Warden of Crowley County Correctional Facility, and ATTORNEY GENERAL OF THE STATE OF WYOMING,

Respondents - Appellees.

No. 00-8041

(	D.C. No. 00-CV-62-J)

(D. Wyo.)

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