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No. 96-1027 ___________

Julius Addison, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Joseph M. Brooks, Warden, F.C.I.,* Sandstone, Minnesota, * [UNPUBLISHED] * Appellee. *

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Submitted: October 17, 1996

Filed: November 1, 1996 ___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Julius Addison appeals the district court's1 dismissal of his 28 U.S.C. § 2241 petition without an evidentiary hearing. Having carefully reviewed the record and the parties' briefs, we conclude the district court correctly dismissed Addison's petition for the reasons stated in the magistrate judge's report and recommendation. See 8th Cir. R. 47B.

We decline to grant Addison's request for appellate counsel.

1 The Honorable Michael James Davis, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota. A true copy.

Attest:

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

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