Carter v. Ayers

Filing 14

ORDER: Denying 13 petitioner's application for a certificate of appealability unnecessary. The clerk shall process the appeal. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 9/29/2008) (Additional attachment(s) added on 10/2/2008: # 1 cs) (ys, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARKEE CARTER, Petitioner, v. ROBERT L. AYERS, JR., Warden, Respondent. / No. C 06-7398 SI (pr) ORDER Petitioner has filed a notice of appeal and an application for certificate of appealability. Petitioner's application for a certificate of appealability is DENIED as unnecessary. (Docket # 13.) A certificate of appealability is not necessary to challenge the execution of a petitioner's sentence, such as a disciplinary decision by prison officials. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005) (no certificate required for appeal from denial of petition challenging administrative decision by parole board to deny parole); cf. White v. Lambert, 370 F.3d 1002, 1004 (9th Cir. 2004) (no certificate required for appeal from denial of 2241 petition challenging transfer from a state prison to a private prison in another state). The clerk shall process the appeal. Petitioner sent his mail to the Eastern District, rather than this district. All filings intended for this court should be mailed to 450 Golden Gate Avenue, San Francisco, CA 94102. IT IS SO ORDERED. Dated: September 29, 2008 ______________________ SUSAN ILLSTON United States District Judge

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