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RAEL v. WILLIAMS

No. 00-2145.

223 F.3d 1153 (2000)

Andy RAEL, Plaintiff-Appellant, v. Joe WILLIAMS, Warden, Lea County 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, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 31, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Andy Rael, pro se.

Before BRORBY, KELLY, and MURPHY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-Appellant, Andy Rael, appeals the dismissal, without prejudice, of his habeas corpus action brought pursuant to 28 U.S.C. § 2241 for failure to exhaust state court remedies. We grant a certificate of appealability and affirm the judgment as modified.

Mr. Rael challenges his incarceration in a privately-run prison facility in Lea County, New Mexico (LCCF), on the grounds...

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