ORDER AND JUDGMENT *

After examining the briefs and the 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 *833 Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

When Plaintiff filed the original complaint in this case, he designated it as pursuant to 42 U.S.C. § 1983. In a well-stated order, the district court correctly dismissed Plaintiffs complaint pursuant to 28 U.S.C. § 1915A(a) and (b). The district court then granted Plaintiff leave to appeal informa pauperis.

On appeal, Plaintiff appears to argue that he is also entitled to habeas corpus pursuant to 28 U.S.C. § 2254. He relies on the same facts that he alleged in the trial court plus some additional facts. While the district court never addressed this ease as one for habeas corpus, after review of the pleadings and briefs, we conclude that Plaintiff has failed to adequately plead a plausible action for habeas corpus.

However characterized, we conclude that this action fails. Therefore, the district court’s order dismissing the action is affirmed. The motion for appointment of counsel is denied.

Appellant is reminded that he is still obligated to finish payment of the filing fee ordered by the district court.

AFFIRMED.