F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS OCT 6 1997 TENTH CIRCUIT PATRICK FISHER Clerk

MARCOS ALONZO DE LA CRUZ,

Petitioner - Appellant, v. No. 96-2116 (D.C. No. CIV-94-30-HB) DONALD A. DORSEY, Warden and (District of New Mexico) ATTORNEY GENERAL OF THE STATE OF NEW MEXICO,

Respondents - Appellees.

ORDER AND JUDGMENT *

Before TACHA, HENRY and LUCERO, Circuit Judges.

Upon careful consideration of the record, the briefs of the parties, the

district court’s order, and the applicable law, we AFFIRM for substantially the

reasons stated in the district court’s order.

ENTERED FOR THE COURT

Carlos F. Lucero Circuit Judge

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. This 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.