CHAVARRIAGA v. COIL

Filing 15

ORDER DENYING THE PETITION. The 14 report and recommendation is accepted on the merits. The clerk must enter a judgment stating, "The petition is denied with prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 11/6/2018. (kjw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CAROLINA CHAVARRIAGA,
Petitioner,
v.

CASE NO. 4:18cv206-RH/CAS

WARDEN COIL,
Respondent.
_________________________________/

ORDER DENYING THE PETITION

This petition for a writ of habeas corpus under 28 U.S.C. § 2241 is before
the court on the magistrate judge’s report and recommendation, ECF No. 24. No
objections have been filed. The report and recommendation correctly concludes
that the petition should be denied. The report and recommendation’s analysis of the
merits is adopted as the court’s opinion.
The report and recommendation also correctly concludes that the petitioner
has not the standards that govern certificates of appealability. But that does not
matter, because “a federal prisoner does not need a COA to appeal the denial of a
§ 2241 petition.” Flint v. United States, 462 F. App’x 876, 878 (11th Cir. 2012).

Case No. 4:18cv206-RH/CAS

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Every circuit that has addressed this question has agreed. See, e.g., Murphy v.
United States, 199 F.3d 599, 601 n.2 (2d Cir. 1999) (“Because petitioner is a
federal prisoner and effectively filed his petition pursuant to [] § 2241, the
Antiterrorism and Effective Death Penalty Act’s certificate of appealability
requirement does not apply to him.”); Sugarman v. Pitzer, 170 F.3d 1145, 1146
(D.D.C. 1999); McIntosh v. U.S. Parole Comm’n, 115 F.3d 808, 810 n.1 (10th Cir.
1997); Forde v. U.S. Parole Comm’n, 114 F.3d 878, 879 (9th Cir. 1997); Ojo v.
INS, 106 F.3d 680, 681 (5th Cir. 1997); Melton v. Hemingway, 40 F. App’x 44, 45
(6th Cir. 2002); Lindstrom v. Graber, 203 F.3d 470, 473 (7th Cir. 2000); Lara v.
Smith, 206 F. App’x 138, 140 n.1 (2006) (3d Cir. 2006).
For these reasons,
IT IS ORDERED:
1. The report and recommendation is accepted on the merits.
2. The clerk must enter a judgment stating, “The petition is denied with
prejudice.”
3. The clerk must close the file.
SO ORDERED on November 6, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:18cv206-RH/CAS