Opinion
Case No. 3:08-CV-1657.
December 14, 2009
ORDER
NOW, this 14th day of December, 2009, IT APPEARING TO THE COURT THAT:
(1) On September 5, 2008, the petitioner, Morris J. Warren, filed the above-styled Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1);
(2) On November 19, 2009, we adopted the Magistrate Judge's Report and Recommendation and denied the Petition;
(3) Although the Petition was filed pursuant to 28 U.S.C. § 2241, the Magistrate Judge construed the Petition as one under 28 U.S.C. § 2254;
(4) In adjudicating a petition pursuant to § 2254, the district court must determine whether to issue a certificate of appealability;
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
(1) For the reasons stated in our November 19, 2009 Memorandum and Order (Doc. 21), a certificate of appealability will not be issued.