Juan Correa-Gutierrez v. Warden ( 2024 )

1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JUAN CORREA-GUTIERREZ, Case No. 2:23-cv-08911-CBM-KES 12 Petitioner, ORDER ACCEPTING REPORT AND 13 v. RECOMMENDATION OF U.S. 14 WARDEN, MAGISTRATE JUDGE 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 U.S. 20 Magistrate Judge (Dkt. 5). No objections to the Report and Recommendation were 21 filed, and the deadline for filing such objections has passed. The Court accepts the 22 report, findings, and recommendations of the Magistrate Judge. 23 IT IS THEREFORE ORDERED that Judgment be entered dismissing the 24 Petition without prejudice for failure to exhaust administrative remedies. 25 As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not 26 required to obtain a certificate of appealability (“COA”) in order to appeal to the 27 United States Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 28 1 | 958 (9th Cir. 2008) (holding that the plain language of 28 U.S.C. § 2253(c)(1) does 2 | not require federal prisoners bringing § 2241 petitions to obtain a COA in order to 3 | appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition’’); see 4 | e.g., Tomlinson v. Caraway, No. 14-cv-020094-VBF-KK, 2014 U.S. Dist. LEXIS 131448 at *2, 2014 WL 4656432 at *1 (C.D. Cal. Sept. 16, 2014) (adopting report 6 || and recommendation and noting that petitioner in federal custody was not required 7 | to obtain a COA to appeal the denial of his § 2241 petition). 8 9 | DATED: APRIL 3,2024 ESS NR a 10 CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28