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Hernandez v. Adler

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 29, 2008

FERMIN VICENTE HERNANDEZ, PETITIONER,
v.
NEIL H. ADLER, RESPONDENT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DEEMING CERTIFICATE OF APPEALABILITY UNNECESSARY [Doc. 19]

On August 6, 2008, Petitioner's petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, was denied on the merits, and judgment was entered in favor of Respondent. (Court Docs. 17, 18.)

On August 25, 2008, Petitioner filed a notice of appeal. Because Petitioner challenged the execution of his federal sentence, his detention does not arise out of process issued by state court, and a certificate of appealability is not necessary to proceed to the United States Court of Appeals for the Ninth Circuit. Forde v. U.S. Parole Comm'n, 114 F.3d 878, 879 (9th Cir. 1997). The Clerk of Court is HEREBY ORDERED to serve a copy of this order on the Ninth Circuit Court of Appeals.

IT IS SO ORDERED.

20080829

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