Chavelaz v. USA

Filing 6

Order: re: 5 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Ruben Ascencio Chavelaz. A certificate of appealability is not required for a federal inmate to appeal the denial of reliefunder 28 U.S.C. § 2241. See Padilla v. United States, 416 F.3d 424, 425 (5th Cir. 2005). If petitioner files a notice o f appeal, he must pay the $505.00 appellate filing fee or submit a motionto proceed in forma pauperis and a properly signed certificate of inmate trust account. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RUBEN ASCENCIO CHAVELAZ,
ID # 267427,
Petitioner,
vs.
UNITED STATES DISTRICT
FEDERAL COURT (I.C.E.)
Respondent.

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No. 3:17-CV-1402-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted, and the petition for habeas corpus filed
pursuant to 28 U.S.C. § 2241 is dismissed for lack of jurisdiction.
A certificate of appealability 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.3d 424, 425 (5th Cir. 2005). If
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.
July 20, 2017.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE