Koy K. Williams v. Cynthia Entzel, No. 5:2016cv02399 - Document 18 (C.D. Cal. 2018)

Court Description: ORDER Adopting Report and Recommendation of United States Magistrate Judge by Judge Michael W. Fitzgerald. The Court accepts the findings and recommendations of the Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be entered dismissing the Pe tition 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 document for details). (dro)

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Koy K. Williams v. Cynthia Entzel Doc. 18 1 2 3 O 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Case No. 5:16-cv-02399-MWF-KES KOY WILLIAMS, Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE v. CYNTHIA ENTZEL, Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 18 Petition for A Writ of Habeas Corpus Under 28 U.S.C. § 2241 (the “Petition”) filed 19 by petitioner Koy Williams (“Petitioner”), the other records on file herein, and the 20 Report and Recommendation of the United States Magistrate Judge. No objections 21 to the Report and Recommendation were filed, and the deadline for filing such 22 objections has passed. The Court accepts the findings and recommendations of the 23 Magistrate Judge. 24 25 IT IS THEREFORE ORDERED that Judgment be entered dismissing the Petition with prejudice. 26 As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not 27 required to obtain a certificate of appealability (“COA”) in order to appeal to the 28 1 Dockets.Justia.com 1 United States Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 2 958 (9th Cir. 2008) (holding that the plain language of 28 U.S.C. § 2253(c)(1) does 3 not require federal prisoners bringing § 2241 petitions to obtain a COA in order to 4 appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition”); see e.g., 5 Tomlinson v. Caraway, 14-cv-020094-VBF (KK), 2014 U.S. Dist. LEXIS 131448, 6 at *2 (C.D. Cal. Sept. 16, 2014) (adopting report and recommendation and noting 7 that petitioner in federal custody was not required to obtain a COA to appeal the 8 denial of his § 2241 petition). 9 10 DATED: January 5, 2018 11 ____________________________________ MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE 12 13 14 Presented by: 15 16 17 ___________________________________ HON. KAREN E. SCOTT UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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