Opinion
2:08-cv-0956-GEB-KJM-P.
October 30, 2008
ORDER
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 28, 2008 dismissal of his application for a writ of habeas corpus for failure to exhaust state remedies. The underlying claim is a challenge to a finding made in a disciplinary hearing.
In this circuit, under 28 U.S.C. § 2253(c), "a COA is not required when a state prisoner challenges an administrative decision regarding the execution of his sentence." White v. Lambert, 370 F.3d 1002, 1010 (9th Cir. 2004); see also Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir. 2005) (per curiam). As the target of petitioner's habeas petition is an administrative disciplinary decision, not a state court proceeding, no COA is necessary. Rosas, 428 F.3d at 1232.
IT IS SO ORDERED.