F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
OCT 30 2000
TENTH CIRCUIT
__________________________ PATRICK FISHER
Clerk
FRANK RICHARD MARQUEZ,
Petitioner-Appellant,
v. No. 00-2141
(D. N.M.)
JOE WILLIAMS, Warden, Lea County (D.Ct. No. CIV-00-205-MV)
Correctional Facility; GARY JOHNSON,
Governor, State of New Mexico; ROBERT
PERRY, Secretary of Corrections; NEW
MEXICO CORRECTIONS DEPARTMENT,
State of New Mexico; WACKENHUT
CORRECTIONS CORPORATION, a Florida
corporation; LEA COUNTY, NEW MEXICO;
ATTORNEY GENERAL FOR THE STATE
OF NEW MEXICO,
Respondents-Appellees.
____________________________
ORDER AND JUDGMENT *
Before BRORBY, KELLY, and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
*
This order and judgment is not binding precedent except under the doctrines of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.
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 Frank Marquez, 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, 2000 WL 1051845 (10th Cir. July
31, 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. Marquez 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. Marquez’s petition are dismissed without prejudice.
Entered by the Court:
WADE BRORBY
United States Circuit Judge
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