(HC) Crear v. Barr ( 2021 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 KEITH M. CREAR, No. 1:20-cv-01811-AWI-SKO (HC) 8 Petitioner, ORDER ADOPTING FINDINGS AND 9 RECOMMENDATION, DISMISSING PETITION FOR WRIT OF HABEAS 10 v. CORPUS, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT AND 11 CLOSE CASE WILLIAM BARR, 12 (Doc. No. 11) Respondent. 13 14 15 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for 16 writ of habeas corpus pursuant to 28 U.S.C. § 2241. On January 5, 2021, the magistrate judge 17 assigned to the case issued a Findings and Recommendation that recommended the petition be 18 dismissed without prejudice based on a lack of exhaustion. Doc. No. 11. This Findings and 19 Recommendation was served upon all parties and contained notice that any objections were to be 20 filed within twenty-one days from the date of service of that order. No party has filed objections, 21 and the time to do so has expired. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 23 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 24 the magistrate judge’s Findings and Recommendation is supported by the record and proper 25 analysis. 26 In the event a notice of appeal is filed, a certificate of appealability will not be required 27 because this is not a habeas order in which the detention complained of arises out of process 28 1 | issued by a state court. Forde v. U.S. Parole Comm’n, 114 F.3d 878, 879 (9th Cir. 1997) (citing 2 | Ojo v. INS, 106 F.3d 680, 681-82 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 3 | 1996)). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendation filed on January 5, 2021 (Doc. No. 11) is 6 ADOPTED in full; 7 2. The petition for writ of habeas corpus (Doc. No. 1) is DISMISSED without 8 prejudice; 9 3. The Clerk of Court is directed to ENTER judgment and CLOSE the case; and 10 4. No certificate of appealability is required. 11 b IT IS SO ORDERED. 13 | Dated: _ February 2, 2021 —. 7 : 7 Cb bod — SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28