IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 23, 2009
LAFAYETTE COLLINS, PETITIONER,
M.C. KRAMER, ET AL., RESPONDENT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
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.
© 1992-2009 VersusLaw Inc.