UNITED STATES COURT OF APPEALS FOR THE D.C. CIRCUIT


SUGARMAN, NEIL PARIL

v.

PITZER, PERCY


98-5522a

D.C. Cir. 1999


*	*	*


Opinion for the court filed Per Curiam.


Per Curiam: Appellant, a federal prisoner, filed a habeas  petition
pursuant to the provisions of 28 U.S.C. s 2241. The  district court
dismissed the petition, and this court must now  determine whether
appeals challenging the dismissal of a  habeas petition brought by a
federal prisoner pursuant to 


s 2241 are included within the Antiterrorism and Effective  Death
Penalty Act's (AEDPA) certificate of appealability  (COA) requirement.
We hold that a COA is not required for  federal prisoner s 2241


Under the AEDPA, a COA is necessary in order to appeal  "[t]he final
order in a habeas corpus proceeding in which the  detention complained
of arises out of process issued by a  State court; or ... the final
order in a proceeding under  section 2255." See 28 U.S.C. s
2253(c)(1). Section 2253 does  not refer to s 2241 claims by federal


The circuits that have addressed the issue have held that  s 2253's COA
requirement does not apply to s 2241 claims  brought by federal
prisoners. See McIntosh v. U.S. Parole  Commission, 115 F.3d 809, 810
n.1 (10th Cir. 1997) (no COA  required for federal prisoner to appeal
the denial of s 2241  petition); Forde v. U.S. Parole Commission, 114
F.3d 878,  879 (9th Cir. 1997) (same); Ojo v. Immigration and Natural-
ization Service, 106 F.3d 680, 681-82 (5th Cir. 1997) (same).  See
also Ferrante v. U.S. Bureau of Prisons, 990 F. Supp.  367, 375 n.2
(D. N.J. 1998). In light of the plain language of  the AEDPA, which
omits federal s 2241 petitions from the  list of those requiring COAs,
we now join in the conclusion  that federal s 2241 petitions are
excluded from the COA  requirement.


The remaining issues pertaining to this appeal are resolved  through an
unpublished order issued simultaneously with this  opinion.