Shelvin L. Holman, Petitioner-appellant, v. Eloy Mondragon, Secretary of Corrections Department; Johnthomas, Warden, Penitentiary of New Mexico; Andtom Udall, Attorney General, State Ofnew Mexico, Respondents-appellees, 25 F.3d 1057 (10th Cir. 1994)

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument.

Plaintiff appeals from a federal district court's Order adopting a magistrate judge's recommendation and dismissing Plaintiff's habeas corpus action with prejudice. On appeal, Plaintiff asserts the same arguments that he did to the district court, specifically: 1) that his counsel denied him the opportunity to appeal his original conviction in state court, 2) ineffective assistance of counsel in that his counsel did not object to the composition of the jury, 3) unconstitutional selection of the jury panel, and 4) that he was denied his right to direct appeal. We have reviewed the briefs of both parties, the magistrate judge's recommendation, and the Order by the district court, and we affirm for substantially the same reason given by the magistrate judge.

AFFIRMED.