Richard Haworth v. Patricia V. Bradley

Filing 12

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 11 by Judge R. Gary Klausner. (es)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RICHARD HAWORTH, Petitioner, 12 13 14 15 v. PATRICIA V. BRADLEY, Warden, Case No. CV 20-07950-RGK (PD) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Respondent. 16 17 18 19 20 21 22 23 24 25 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court accepts the Magistrate Judge’s Report and adopts it as its own findings and conclusions. As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not required to obtain a certificate of appealability to appeal to the Ninth Circuit Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (plain language of 28 U.S.C. § 2253(c)(1) does not require 26 federal prisoners bringing section 2241 petitions to obtain a certificate of 27 appealability to appeal, unless the section 2241 petition is a section 2255 28 1 petition in disguise”). Accordingly, the Petition is dismissed without 2 prejudice. 3 4 DATED: January 4, 2021 5 6 7 ________________________________________ R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?