FILED
United States Court of Appeals
Tenth Circuit

APR 14 2004

PATRICK FISHER
Clerk

	UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

DOUGLAS A. SPITZNAS,

Petitioner-Appellant,

v.

BOBBY BOONE,

Respondent-Appellee.	No. 99-6158
(D.C. No. CIV-98-133-L)
(W.D. Okla.)	

ORDER AND JUDGMENT*

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge and LUCERO, Circuit Judge.

	The Court has carefully considered the record in this case, all the pleadings filed in our court, and the recommendation and report of the magistrate and the findings and conclusions by the district court following our most recent remand.

	Having been fully advised in the premises, we AFFIRM the denial of habeas relief for petitioner on substantially the grounds stated below.

						ENTERED FOR THE COURT

						David M. Ebel
						Circuit Judge