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Collins v. Kramer

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 23, 2009

LAFAYETTE COLLINS, PETITIONER,
v.
M.C. KRAMER, ET AL., RESPONDENT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a timely notice of appeal of this court's November 12, 2009 order denying his petition for writ of habeas and has requested that a certificate of appealability issue.

Petitioner challenged the execution of his life sentence, and specifically, the June 15, 2005 decision of the Board of Parole Hearings finding him unsuitable for parole. A certificate of appealability "is not required when a state prisoner challenges and administrative decision regarding the execution of his sentence." White v. Lambert, 370 F.3d 1002, 1010 (9th Cir. 2005), cert. denied, 543 U.S. 991 (2005); see also 28 U.S.C. § 2253(c)(1)(A) (a habeas petitioner must secure a certificate of appealability where "the detention complained of arises out of process issued by a State court").

Accordingly, petitioner's December 15, 2009 notice of appeal is deemed timely filed, however, his accompanying request that a certificate of appealability issue is denied as unnecessary.

20091223

© 1992-2009 VersusLaw Inc.



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