(HC) Alvarado v. FBOP USP-ATWATER ( 2020 )

1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 RAUL DAVID ALVARADO, No. 1:19-cv-01367-AWI-JLT (HC) 5 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 12) 6 ORDER DISMISSING PETITION FOR 7 v. WRIT OF HABEAS CORPUS 8 ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT AND CLOSE 9 CASE FBOP USP-ATWATER, Warden, 10 NO CERTIFICATE OF APPEALABILITY Respondent. IS REQUIRED 11 12 13 Petitioner is a federal prisoner proceeding in propria persona with a petition for writ of 14 habeas corpus pursuant to 28 U.S.C. § 2241. On December 27, 2019, the Magistrate Judge 15 assigned to the case issued Findings and Recommendation to dismiss the petition. (Doc. No. 12.) 16 This Findings and Recommendation was served upon all parties and contained notice that any 17 objections were to be filed within ten days from the date of service of that order. To date, no 18 party has filed objections. The Court notes that the Findings and Recommendations served on 19 Petitioner was returned by the U.S. Postal Service as “Undeliverable, Refused.” 20 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a 21 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 22 the Magistrate Judge’s Findings and Recommendation is supported by the record and proper 23 analysis. 24 The plain language of 28 U.S.C. § 2253(c)(1) does not require a certificate of appealability 25 because this is an appeal from an order denying a petition for writ of habeas corpus pursuant to 28 26 U.S.C. § 2241, not a final order in a habeas proceeding in which the detention complained of arises 27 out of process issued by a State court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 28 1997). WAS 4:40 □□ LOVE VR MVVUPEOCTE Ar POO Ve er OY ev 1 Accordingly, the Court orders as follows: 2 1. The Findings and Recommendations, filed December 27, 2019 (Doc. No. 12), is 3 ADOPTED IN FULL; 4 2. The petition for writ of habeas corpus is DISMISSED; 5 3. The Clerk of Court is DIRECTED to ENTER JUDGMENT and CLOSE the file. 6 7 IT IS SO ORDERED. □□ g | Dated: _ April 30, 2020 7 : 7 Cb Led — SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28