___________ No. 96-2800 ___________ George F. Cummings, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

J. W. Tippy, * [UNPUBLISHED] * Appellee. * ___________ Submitted: December 10, 1996 Filed: December 13, 1996 ___________ Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

George Cummings appeals the district court's1 dismissal of his 28 U.S.C. § 2241 habeas petition. Having carefully reviewed the record and the parties' briefs, we conclude that the judgment was correct. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

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

The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jonathan G. Lebedoff, United States Magistrate Judge for the District of Minnesota.