Moore v. King

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

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

Opinion

CIVIL ACTION NO. 2:07cv151KS-MTP.

November 7, 2007

ORDER

KEITH STARRETT, District Judge

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 (5^th 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.