114 F.3d 878

Stephen Charles FORDE, Petitioner-Appellant, v. U.S. PAROLE COMMISSION, Respondent-Appellee.

No. 97-55164.

United States Court of Appeals, Ninth Circuit.

June 4, 1997.

*879Stephen Charles Forde, Los Angeles, CA, pro se, for petitioner-appellant.

Richard E. Drooyan, Assistant United States Attorney, Los Angeles, CA, for respondent-appellee.

Before: FLETCHER, REINHARDT and FERNANDEZ, Circuit Judges.

The district court denied petitioner Stephen Charles Forde’s 28 U.S.C. § 2241 petition for writ of habeas corpus. Forde filed a notice of appeal which the district court construed as a request for a certificate of appealability (COA). The district court denied the request for a COA and referred the request to this court.

We must decide whether 28 U.S.C. § 2253, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996, Pub.L.No. 104-132, 110 Stat. 1214 (1996), requires that Forde receive a COA before we may hear his appeal. The new section 2253(c)(1) provides the following:

Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—
(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
(B) the final order in a proceeding under section 2255.

28 U.S.C. § 2253(c)(1).

The plain language of section 2253(c)(1) does not require a COA here because this is an appeal from an order denying a 28 U.S.C. § 2241 petition that is not a final order in a habeas proceeding in which the detention complained of arises out of process issued by a State court. See Ojo v. INS, 106 F.3d 680, 681-82 (5th Cir.1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir.1996). Accordingly, the COA request is denied as unnecessary.

The briefing schedule established previously shall remain in effect.

Forde v. U.S. Parole Commission
114 F.3d 878

Case Details

Name
Forde v. U.S. Parole Commission
Decision Date
Jun 4, 1997
Citations

114 F.3d 878

Jurisdiction
United States

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