Opinion
No C 08-1094 VRW.
September 17, 2009
ORDER
Petitioner has filed a notice of appeal following the court's denial of his habeas petition challenging, as a violation of his constitutional rights, the governor's reversal of the Board of Prison Term's (BPT) decision to grant him parole. Doc #17. The court construes the notice of appeal as an application for a certificate of appealability. United States v Asrar, 116 F3d 1268, 1270 (9th Cir 1997); 28 USC § 2253(c)(3).
Petitioner's request for a certificate of appealability is DENIED as unnecessary. Under Ninth Circuit precedent, no certificate of appealability is required when a petitioner challenges an administrative denial of parole. Rosas v Nielsen, 428 F3d 1229, 1232 (9th Cir 2005). Accordingly, the clerk shall process the notice of appeal.
IT IS SO ORDERED.