UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 25, 2012
CHRISTOPHER L. HARRIS, PETITIONER,
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.
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