Salgado v. Hartley

Filing 18

ORDER DENYING Petitioner's Request for Certificate of Appealability as Unnecessary signed by Chief Judge Vaughn R. Walker on 9/17/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 United States District Court For the Eastern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VICTOR SALGADO, Petitioner, v JAMES HARTLEY, Respondent. / No C 08-1094 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Petitioner has filed a notice of appeal following the court's denial of his habeas petition challenging, as a violation of his constitutional rights, the governor's reversal of the Board of Prison Term's (BPT) decision to grant him parole. Doc #17. The

court construes the notice of appeal as an application for a certificate of appealability. United States v Asrar, 116 F3d 1268,

1270 (9th Cir 1997); 28 USC § 2253(c)(3). Petitioner's request for a certificate of appealability is DENIED as unnecessary. Under Ninth Circuit precedent, no

1 2 3 4 5 6 7 8 9 United States District Court For the Eastern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

certificate of appealability is required when a petitioner challenges an administrative denial of parole. 428 F3d 1229, 1232 (9th Cir 2005). process the notice of appeal. Rosas v Nielsen,

Accordingly, the clerk shall

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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