Court of Appeals for the Ninth Circuit November 30, 2007, No. 07-15428 (Franklin v. Horel)

MEMORANDUM **

On August 6, 2007, this court concluded that, to the extent a certificate of appealability is required in this appeal, the request for a certificate of appealability is denied. By same order, this court determined that, to the extent a certificate of appealability is unnecessary because appellant’s claim arises under 42 U.S.C.