Knight v. Evans

Filing 18

ORDER: That the Petitioner's Request for Certificate of Appealability is DENIED AS UNECESSARY re 16 Notice of Appeal. Signed by Judge Saundra Brown Armstrong, on 2/11/09. (lrc, COURT STAFF) (Filed on 2/12/2009) Modified on 2/13/2009 (jlm, 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 v. CLARENCE KNIGHT, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 05-03670 SBA (PR) ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY AS UNNECESSARY Petitioner, M. S. EVANS, WARDEN, Respondent. / Petitioner has filed a notice of appeal and request for a certificate of appealability pursuant to 28 U.S.C. 2253(c) and Federal Rule of Appellate Procedure 22(b) following this Court's denial of his habeas petition challenging the decision by prison officials, following a prison disciplinary hearing, revoking 360 days of behavioral/work credit. Petitioner's request for a certificate of appealability is DENIED as unnecessary. The Ninth Circuit has determined that a state prisoner challenging the execution of a sentence, including the revocation of time credits stemming from prison disciplinary decisions, need not obtain a certificate of appealability. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir. 2005). The Clerk of the Court shall process the notice of appeal. IT IS SO ORDERED. DATED: 2/11/09 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge P:\PRO-SE\SBA\HC.05\Knight3670.COA-moot.wpd 1 2 3 4 5 6 7 8 9 10 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 FOR THE NORTHERN DISTRICT OF CALIFORNIA KNIGHT, Plaintiff, v. EVANS et al, Defendant. / Case Number: CV05-03670 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 12, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Clarence V. Knight C07508 Salinas Valley State P.O. Box 1050 Soledad, CA 93960 Dated: February 12, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\HC.05\Knight3670.COA-moot.wpd 2

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