Opinion
No. CIV S-08-3028 MCE CHS P.
February 5, 2010
ORDER
Petitioner has filed a timely notice of appeal of this Court's January 14, 2010 order denying his application for writ of habeas corpus and has requested that a certificate of appealability issue. Since petitioner is challenging the decision of the California Board of Prison Terms that he is not suitable for parole, a certificate of appealability is not required for this appeal to be processed. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005).
Accordingly, IT IS HEREBY ORDERED that petitioner's January 29, 2010 request that a certificate of appealability issue is denied as unnecessary.