Protopappas v. Kramer

Filing 24

ORDER signed by Chief Judge Robert S. Lasnik on 10/22/09 ORDERING that Certificate of Appealability is not required; clerk shall process appeal accordingly. (Owen, K)

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ORDER REGARDING CERTIFICATE OF APPEALABILITY

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA _______________________________________ ) TONY PROTOPAPPAS, ) ) Petitioner, ) v. ) ) M. KRAMER, ) ) Respondent. ) _______________________________________)

Case No. C07-0901RSL-JLW ORDER REGARDING CERTIFICATE OF APPEALABILITY

This matter comes before the Court on petitioner's notice of appeal. Dkt. # 23. The Clerk of Court entered a notation in the docket that "CERTIFICATE OF APPEALABILITY REQUIRED for processing to USCA . . . ." Because petitioner challenges the detention decision of an administrative body (the Board of Parole Hearings), a certificate of appealability is not necessary. Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005). The Clerk of Court shall process Mr. Protopappas' appeal accordingly. Dated this 22nd day of October, 2009.

A

Robert S. Lasnik United States District Judge