UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
June 8, 2009
JONNIE ANGEL ALCALA, PETITIONER,
HECTOR RIOS, WARDEN, ET.AL., RESPONDENTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISREGARDING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY AS UNNECESSARY [Doc. 18]
On May 11, 2009, the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 was dismissed for lack of subject matter jurisdiction and judgment was entered.*fn1
(Court Docs. 16, 17.) Because Petitioner's detention does not arise out of process issued by state court, a certificate of appealability is not necessary and Petitioner's motion is HEREBY DISREGARDED. Forde v. U.S. Parole Comm'n, 114 F.3d 878, 879 (9th Cir. 1997)
IT IS SO ORDERED.