Johnson v. Kane

Filing 13

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY re 11 Notice of Appeal. The clerk shall transmit the file, including a copy of this order, to the NinthCircuit Court of Appeals. Signed by Judge James Ware on 10/19/2009. (ecg, COURT STAFF) (Filed on 10/26/2009)

1 2 3 4 5 6 7 8 9 10

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

LARRY M. JOHNSON, Petitioner, vs. ANTHONY KANE, Warden, Respondent.

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

) ) ) ) ) ) ) ) ) ) )

No. C 06-04233 JW (PR) ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

(Docket No. 11)

This is a habeas case under 28 U.S.C. § 2254 filed pro se by a state prisoner challenging the denial of parole by the Board of Parole Hearings. The Court denied the petition for a writ of habeas corpus on September 28, 2009. Petitioner filed a notice of appeal and request for a certificate of appealability on October 6, 2009. (Docket No. 11.) The request of a certificate of appealability is DENIED as unnecessary because a state prisoner challenging the Board of Prison Hearings' administrative decision to deny his request for parole need not obtain a COA. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir. 2005). The clerk shall transmit the file, including a copy of this order, to the Ninth Circuit Court of Appeals. See Fed. R.App.P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). DATED:
October 19, 2009

JAMES WARE United States District Judge

Order Denying COA P:\PRO-SE\SJ.JW\HC.06\Johnson04233_coa.wpd

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

LARRY JOHNSON, Petitioner, v. ANTHONY KANE, Warden, Respondent. /

Case Number: CV06-04233 JW 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. 10/26/2009 , I SERVED a true and correct copy(ies) of the That on 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.

Marc Jonathan Zilversmit Attorney at Law 523 Octavia Street San Francisco, CA 94102 Dated: 10/26/2009 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk