UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

MICHAEL DALE PHILLIPS,

Petitioner-Appellant,

v.

JAMES L. SAFFLE; OKLAHOMA DEPARTMENT OF CORRECTIONS; STATE OF OKLAHOMA,

Respondents-Appellees.

No. 01-6082

(D.C. No. 00-CV-1214-C)

(W.D. Okla.)

ORDER AND JUDGMENT*

Before EBEL, KELLY, and BRISCOE, 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.

Michael Dale Phillips, an Oklahoma state prisoner appearing pro se, seeks a certificate of appealability to challenge the district court's dismissal of his habeas petition under 28 U.S.C. § 2241.1 He also renews his motion to proceed in forma pauperis.

The parties are familiar with the facts, so we need not repeat them here. We agree with the thorough and carefully reasoned report and recommendation prepared by the magistrate judge and adopted in full by the district court. Because petitioner has failed to make a substantial showing of the denial of a constitutional right, his request for a certificate of appealability is DENIED. This appeal is therefore DISMISSED. Phillips's motion to proceed in forma pauperis is GRANTED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge