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Moore v. King

United States District Court, S.D. Mississippi, Hattiesburg Division
Nov 7, 2007
CIVIL ACTION NO. 2:07cv151KS-MTP (S.D. Miss. Nov. 7, 2007)

Opinion

CIVIL ACTION NO. 2:07cv151KS-MTP.

November 7, 2007


ORDER


This cause comes before the petitioner's motion [24] entitled "Motion for Declaration that Certificate of Appealability Is Not Required, or In the Alternative a Declaration That Certificate of Appealability Should Be Granted." Having reviewed the motion, this court finds that the petitioner's motion that a certificate of appealability is not required when appealing a habeas filed pursuant to 28 U.S.C. § 2241 is correct. See Ojo v. INS, 106 F.3d 680 (5th Cir. 1997). The petitioner's motion [24] is not necessary for the petitioner to proceed with this appeal. Therefore, it is denied as moot.

SO ORDERED.


Summaries of

Moore v. King

United States District Court, S.D. Mississippi, Hattiesburg Division
Nov 7, 2007
CIVIL ACTION NO. 2:07cv151KS-MTP (S.D. Miss. Nov. 7, 2007)
Case details for

Moore v. King

Case Details

Full title:GARRY MOORE PETITIONER v. RONALD KING, et al. RESPONDENTS

Court:United States District Court, S.D. Mississippi, Hattiesburg Division

Date published: Nov 7, 2007

Citations

CIVIL ACTION NO. 2:07cv151KS-MTP (S.D. Miss. Nov. 7, 2007)