_____________ No. 95-4111 _____________ Jack W. Rivers, * * Plaintiff-Appellant, * Appeal from the United States * District Court for the v. * District of Minnesota. * Frank W. Wood, * [UNPUBLISHED] * Defendant-Appellee. *

_____________ Submitted: July 12, 1996 Filed: July 19, 1996 _____________ Before WOLLMAN, JOHN R. GIBSON, and HANSEN, Circuit Judges. _____________

PER CURIAM.

Jack W. Rivers, a Minnesota prisoner, appeals the district court's1 denial of his application for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 (1988). The district court denied Rivers' application, concluding that he failed to state a constitutional claim for relief.

Having carefully reviewed the record and the arguments on appeal, we conclude that the district court committed no error of fact or law, and an opinion would lack precedential value. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Ann D. Montgomery, United States Magistrate Judge for the District of Minnesota.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.