Keith Anthony Williams v. James Engleman

Filing 16

ORDER ACCEPTING REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE by Judge Percy Anderson for Report and Recommendation (Issued), 12 The Court accepts the report, findings, and recommendations of the Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be entered dismissing the Petition as moot. (es)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

KEITH ANTHONY WILLIAMS,

12

Petitioner,

13
14

Case No. 2:24-cv-04441-PA-KES
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF U.S.
MAGISTRATE JUDGE

v.
JAMES ENGLEMAN, Warden,

15

Respondent.

16
17
18

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. 1), the

19

other records on file herein, and the Report and Recommendation of the United

20

States Magistrate Judge (“R&R” at Dkt. 12). No objections to the Report and

21

Recommendation have been filed. The R&R recommends dismissing the Petition

22

as moot, because Petitioner has been released from custody and he failed to oppose

23

Respondent’s motion to dismiss the Petition on that basis. (Id. at 4.) When a copy

24

of the R&R was mailed to Petitioner, it was returned as undeliverable. (Dkt. 14,

25

15.)

26
27
28

The Court accepts the report, findings, and recommendations of the
Magistrate Judge.
1

1
2

IT IS THEREFORE ORDERED that Judgment be entered dismissing the
Petition as moot.

3

As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not

4

required to obtain a certificate of appealability (“COA”) in order to appeal to the

5

United States Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952,

6

958 (9th Cir. 2008) (holding that the plain language of 28 U.S.C. § 2253(c)(1) does

7

not require federal prisoners bringing § 2241 petitions to obtain a COA in order to

8

appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition”); see

9

e.g., Tomlinson v. Caraway, No. 14-cv-020094-VBF-KK, 2014 U.S. Dist. LEXIS

10

131448 at *2, 2014 WL 4656432 at *1 (C.D. Cal. Sept. 16, 2014) (adopting report

11

and recommendation and noting that petitioner in federal custody was not required

12

to obtain a COA to appeal the denial of his § 2241 petition).

13
14

DATED: August 28, 2024

15
16
17
18
19
20

____________________________________
PERCY ANDERSON
UNITED STATES DISTRICT JUDGE

Presented by:
____________________________________
KAREN E. SCOTT
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28

2