The following excerpt is from Stratmon v. Rios, 1:10-cv-00127 MJS HC (E.D. Cal. 2013):
"The plain language of [28 U.S.C.] 2253(c)(1) does not require a petitioner to obtain a [certificate of appealability] in order to appeal the denial of a 2241 petition." Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008). "Nor is there any other statutory basis for imposing a [certificate of appealability] requirement on legitimate 2241 petitions. Although state prisoners proceeding under 2241 must obtain a [certificate of appealability], see 2253(c)(1)(A), there is no parallel requirement for federal prisoners." Id.
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