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