Gonzalez v. Johns

Filing 19

ORDER ADOPTING the Magistrate Judge's 10 Report and Recommendation. Petitioner Yennier Gonzalez's Objections 11 , are OVERRULED. The Court DISMISSES Gonzalez's 28 U.S.C. § 2241 Petition. Gonzales is DENIED in forma pauperis status on appeal. Gonzalez is not denied a Certificate of Appealability. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 2/29/2016. (csr) Modified on 2/29/2016 (slt).

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YENNIER CAPOTE GONZALEZ,
Petitioner,
V.

TRACY JOHNS, Warden of D. Ray James
Correctional Facility,
Respondent.

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CIVIL ACTION NO.: 5:15-cv-3

ORDER

After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's August 31, 2015,
Report and Recommendation, dkt. no. 10, to which Objections have
been filed.' Accordingly, the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED as the opinion of the Court,
and Petitioner Yelmier Gonzalez's Objections, dkt no. 11, are
OVERRULED.

The Court DISMISSES Gonzalez's 28 U.S.C. § 2241

Petition. Gonzalez is DENIED in forma pauperis status on
appeal. The Clerk of Court is DIRECTED to enter the appropriate

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The Court concurs with the Magistrate Judge's Report and
Recommendation with one exception. Gonzalez is not denied a
Certificate of Appealability, as federal inmates need not obtain a
Certificate of Appealability in Section 2241 cases. 28 U.S.C. §
2253(c); Sawyer v. Holder, 326 F.3d 1363, 1364 n.3 (11th Cir. 2003).
AO 72A
(Rev. 8/82)

judgment of dismissal and to CLOSE this çe.
SC) ORDERED, this

2016.

DBEY WOOD, CHIEF JUDGE
STATES DISTRICT COURT
DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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