FILED
United States Court of Appeals
Tenth Circuit

August 18, 2005

PATRICK FISHER
Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

KENNETH D. HILL,

Petitioner - Appellant,
v.

JOHN WHETSEL,

Respondent - Appellee.	No. 05-6104
(D.C. No. 04-CV-1697-C)
(W.D. Okla.)	

ORDER

Before EBEL, McKAY and HENRY, Circuit Judges.

	
	Petitioner-Appellant Kenneth D. Hill, who has been detained pending his trial in Oklahoma state court on criminal charges, appeals from the district court’s dismissal of his 28 U.S.C. § 2241 petition for habeas relief.  Hill’s § 2241 petition asserts various complaints, including allegations that there were delays following his arrest in holding a probable cause hearing, instituting formal charges, and conducting an arraignment.  The district court dismissed Hill’s petition because he failed to exhaust the available state court remedies.

	A state detainee bringing a § 2241 claim must be granted a certificate of appealability (“COA”) prior to being heard on the merits of his or her appeal.  See Montez v. McKinna, 208 F.3d 862, 867-69 (10th Cir. 2000).  Because the district court denied Hill a COA, we deem Hill’s notice of appeal to be a renewed application for a COA.  See Fed. R. App. P. 22(b)(2).  However, we DENY Hill a COA for substantially the reasons stated by the district court in its orders dismissing Hill’s § 2241 petition and denying Hill a COA.  Therefore, we DISMISS Hill’s appeal.

						ENTERED FOR THE COURT

						David M. Ebel
						Circuit Judge