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Lopez v. Kane

United States District Court, N.D. California
May 22, 2008
No C 05-4871 VRW (PR) (N.D. Cal. May. 22, 2008)

Opinion

No C 05-4871 VRW (PR).

May 22, 2008


ORDER


Petitioner has filed a notice of appeal and request to proceed in forma pauperis on appeal, which, good cause shown, is granted.

The clerk shall process the notice of appeal. No certificate of appealability ("COA") pursuant to 28 USC § 2253(c) and Federal Rule of Appellate Procedure 22(b) is required in this case because the Ninth Circuit has made clear that a state prisoner challenging a parole board's administrative decision to deny his request for parole need not obtain a COA. See Rosas v Nielsen, 428 F3d 1229, 1232 (9th Cir 2005).

SO ORDERED.


Summaries of

Lopez v. Kane

United States District Court, N.D. California
May 22, 2008
No C 05-4871 VRW (PR) (N.D. Cal. May. 22, 2008)
Case details for

Lopez v. Kane

Case Details

Full title:ERNESTO LOPEZ, Petitioner, v. A P KANE, Warden, Respondent

Court:United States District Court, N.D. California

Date published: May 22, 2008

Citations

No C 05-4871 VRW (PR) (N.D. Cal. May. 22, 2008)