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.