Kelley v. Castaneda

Filing 7

Order Accepting 5 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus. The petition for habeas corpus is DENIED with prejudice. Petitioner's Objections filed on 3/27/2017 are OVERRULED. A certificate of appeala bility (COA) is not required for a federal inmate to appeal the denial of relief. If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. (Ordered by Judge Ed Kinkeade on 4/17/2017) (epm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

KRISTOFOR KELLEY,
ID # 38506-177,
Petitioner,
vs.
JORGE CASTANEDA,Warden,
Respondent.

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No. 3:17-CV-679-K

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge and any
objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion
that the Findings and Conclusions of the Magistrate Judge are correct and they are
accepted as the Findings and Conclusions of the Court. For the reasons stated in the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the
petition for habeas corpus filed pursuant to 28 U.S.C. § 2241 is DENIED with
prejudice. Petitioner’s Objections filed on March 27, 2017 are OVERRULED.
A certificate of appealability (COA) is not required for a federal inmate to appeal
the denial of relief under 28 U.S.C. § 2241. See Padilla v. United States, 416 F. 424, 425
(5th Cir. 2005).

If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing
fee or submit a motion to proceed in forma pauperis and a properly signed certificate of
inmate trust account.
SO ORDERED.
Signed April 17th, 2017.

ED KINKEADE
UNITED STATES DISTRICT JUDGE

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