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Alcala v. Rios

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 8, 2009

JONNIE ANGEL ALCALA, PETITIONER,
v.
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.


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