UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

WARREN MATHIS,

Petitioner-Appellant,

v.

JOE WILLIAMS, Warden, Lea County Correctional Facility;GARY JOHNSON, Governor, State of New Mexico; ROBERT PERRY, Secretary of corrections; NEW MEXICO DEPARTMENT OF CORRECTIONS, State of New Mexico; WACKENHUT CORRECTIONS CORPORATION, a Florida Corporation; ATTORNEY GENERAL FOR THE STATE OF NEW MEXICO,

Respondents-Appellees. No. 00-2281

(D. N.M.)

(D.Ct. No. CIV-00-750-LH/WWD)

ORDER AND JUDGMENT(*)

Before BRORBY, KELLY, and MURPHY, 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.

Appellant Warren Mathis, a state inmate appearing pro se, appeals the district court's decision denying his habeas corpus petition filed under 28 U.S.C. § 2241 for failure to exhaust existing state remedies. The facts and issues in this case are identical to those in Rael v. Williams, 223 F.3d 1153 (10th Cir. 2000), petition for cert. filed, (U.S. Oct. 10, 2000) (No. 00-6587). Thus, our decision is governed by this court's analysis and conclusions therein. Accordingly, we grant Mr. Mathis a certificate of appealability and AFFIRM the judgment of the district court, as modified, to dismiss the claim cognizable under 28 U.S.C. § 2241 with prejudice; all other claims contained in Mr. Mathis' petition are dismissed without prejudice.

Entered by the Court:

WADE BRORBY

United States Circuit Judge

FOOTNOTES

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*. This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.