Koop

Koop v. Lehman

Good Law
105 F. App'x 935
United States Court of Appeals for the Ninth CircuitAugust 12, 2004No. 03-35059California540 words

Opinion

Lead Opinion

MEMORANDUM **

James Koop appeals the district court’s *936 denial of his petition for habeas corpus, which was filed on a 28 U.S.C. § 2254 form, and which the district court determined to be a § 2254 petition. We affirm the district court.

Koop was granted a certificate of appealability (“COA”) on three issues: (1) whether 28 U.S.C. § 2241 , rather than 28 U.S.C. § 2254 , applies to his petition; (2) whether the 2000 prison disciplinary proceedings violated his First Amendment rights; and (3) whether the district court was correct in its Teague analysis. 1 A COA is a jurisdictional requirement, 2 and it “may issue ... only if the applicant has made a substantial showing of the denial of a constitutional right.” 3 Although Ninth Circuit Rule 22-1 allows for a petitioner to broaden a COA, Koop did not make any motions to do so. Moreover, he has not made a substantial showing that, in the issues he briefed that were not included in the COA, any constitutional rights were denied.

Koop’s argument that 28 U.S.C. § 2241 should govern his petition is foreclosed by White v. Lambert, 4 Under White, 28 U.S.C. “ § 2254 is the exclusive avenue for a state court prisoner to challenge the…

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