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.1 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.2

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge