Opinion
Civil Action 2:10-CV-731.
November 22, 2010
ORDER
Petitioner, a federal prisoner currently incarcerated at the Federal Correctional Institution in Texarkana, Texas, originally filed a habeas corpus action under 28 U.S.C. § 2254 in this Court, challenging a judgment of conviction issued by a state court of New Mexico. Petitioner thereafter filed an Amended Petition under 28 U.S.C. § 2241, challenging "any future confinement or prosecution [by the United States] under the Gun Control Act, 18 U.S.C. § 922(g) at the moment of release from prison. . . ." Amended Petition, at 1. On September 7, 2010, this Court dismissed the action for lack of subject matter jurisdiction and declined to order the transfer of the action to a different district. Opinion and Order, Doc. No. 7. Final judgment was entered that same date. Judgment, Doc. No. 8. Petitioner has filed notices of appeal. Notice of Appeal, Doc. Nos. 9, 11, 15, and the Court has declined to issue a certificate of appealability. Order, Doc. No. 19. This matter is now before the Court on petitioner's Application for Class Action Certification, Doc. No. 20.
This action is no longer pending in this Court. Petitioner's motion to certify a class pursuant to Fed.R.Civ.P. 23, Doc. No. 20, is therefore DENIED. 11-22-2010
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