Udon Lertjanthuk v. Secretary of Homeland Security et al, No. 5:2016cv00511 - Document 18 (C.D. Cal. 2016)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney. IT IS THEREFORE ORDERED that Judgment be entered dismissing the Petition with prejudice. (see document for details). (dro)

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Udon Lertjanthuk v. Secretary of Homeland Security et al Doc. 18 1 2 3 O 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 UDON LERTJANTHUK, 12 13 14 15 16 Case No. EDCV-16-00511-CJC (KES) Petitioner, ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE v. SECRETARY OF HOMELAND SECURITY, et al., Respondents. 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation were filed. The Court accepts the findings and recommendations of the Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be entered dismissing the Petition with prejudice. As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not required to obtain a certificate of appealability (“COA”) in order to appeal to the United States Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (holding that the plain language of 28 U.S.C. § 2253(c)(1) does not require federal prisoners bringing § 2241 petitions to obtain a COA in order to 1 Dockets.Justia.com 1 appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition”); see e.g., 2 Tomlinson v. Caraway, No. CV-14-020094-VBF (KK), 2014 WL 4656432, at *1 3 (C.D. Cal. Sept. 16, 2014) (adopting report and recommendation and noting that 4 petitioner in federal custody was not required to obtain a COA to appeal the denial 5 of his § 2241 petition). 6 7 DATED: December 6, 2016 8 ____________________________________ CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE 9 10 11 Presented by: 12 13 14 _____________________________ KAREN E. SCOTT United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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