Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Christopher L. Harris v. Hector A. Rios

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 25, 2012

CHRISTOPHER L. HARRIS, PETITIONER,
v.
HECTOR A. RIOS, JR., RESPONDENT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER REGARDING PETITIONER'S MOTION TO ALTER OR AMEND THE JUDGMENT [Doc. 27]

On September 11, 2012, the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 was dismissed and judgment was entered. In that order the Court also declined to issue a certificate of appealability.

On September 20, 2012, Petitioner filed a motion to alter or amend the judgment arguing that a certificate of appealbility is not necessary in this instance. Petitioner is correct that a federal prisoner proceeding with a § 2241 petition does not require a certificate of appealability. Therefore, the portion of the September 20, 2012, order declining to issue a certificate of appealability is hereby stricken.

Based on the foregoing, it is HEREBY ORDERED that:

1. Because a certificate of appealability is not required for a petition brought under

28 U.S.C. § 2241, any reference to a certificate in the Setepmber 11, 2012 order is STRICKEN.

IT IS SO ORDERED.

20120925

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.