Zepeda v. Bureau of Prisons

Filing 7

ORDER Denying Certificate of Appealability re 6 Notice of Appeal filed by Adrian Gomez Zepeda. Signed by Judge Charles R. Breyer on 12/17/09. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 12/17/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ADRIAN ZEPEDA, Petitioner, vs. FEDERAL BUREAU OF PRISONS, Respondent.

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No. C 09-3844 CRB (PR) ORDER DENYING CERTIFICATE OF APPEALABILITY (Docket # 6)

On October 15, 2009, the court denied on the merits petitioner's application for a writ of habeas corpus under 28 U.S.C. § 2241compelling the Federal Bureau of Prisons ("BOP") to comply with a state court's wishes and have petitioner's state sentence run concurrently with his federal sentence. Petitioner has filed a notice of appeal and request for a certificate of appealability under 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b). Petitioner's request for a certificate of appealability (docket # 6) is DENIED as unnecessary. See Forde v. U.S. Parole Comm'n, 114 F.3d 878, 879 (9th Cir. 1997) (no certificate of appealability required for appeal from denial of § 2241 petition challenging execution of federal sentence). The clerk shall process the appeal. SO ORDERED. DATED: Dec. 17, 2009 CHARLES R. BREYER United States District Judge