(HC) Roman v. Trate

Opinion

1 2 3 4 5 6 9 10 JUSTIN ROMAN, No. 1:23-cv-01411-JLT-SKO (HC) 11 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 v. (Doc. 14)

13 ORDER GRANTING RESPONDENT’S B.M. TRATE, MOTION TO DISMISS, DISMISSING 14 PETITION FOR WRIT OF HABEAS Respondent. CORPUS AND DIRECTING CLERK OF 15 COURT TO ENTER JUDGMENT AND CLOSE CASE 16 [NO CERTIFICATE OF APPEALABILITY IS 17 REQUIRED]

18 19 Justin Roman is a federal prisoner proceeding pro se and in forma pauperis with a petition 20 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On March 4, 2024, the assigned magistrate judge issued Findings and Recommendations 23 to grant Respondent’s motion to dismiss. (Docs. 11, 14.) The Court served the Findings and 24 Recommendations on Petitioner and notified him that any objections were due within 21 days. 25 (Doc. 14 at 5.) The Court advised him that the “failure to file objections within the specified time 26 may result in the waiver of rights on appeal.” (Id., citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 27 1991).) Petitioner did not file objections, and the time to do so has passed. 28 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 1 | case. Having carefully reviewed the matter, the Court concludes the Findings and 2 | Recommendations are supported by the record and proper analysis. 3 In the event a notice of appeal is filed, a certificate of appealability is not required because 4 | this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, nota 5 | final order in a habeas proceeding in which the detention complained of arises out of process 6 | issued by a state court. Forde vy. U.S. Parole Comm’n, 114 F.3d 878 (9th Cir. 1997); see Ojo v. 7 | INS, 106 F.3d 680, 681-682 (5th Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 8 | 1996). Accordingly, 9 1. The Findings and Recommendations issued on March 4, 2024, (Doc. 14), are 11 2. Respondent’s motion to dismiss (Doc. 11), is GRANTED. 12 3. The petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. 13 4. The Clerk of Court is directed to enter judgment and close the case. 14 5. In the event a notice of appeal is filed, no certificate of appealability is required. 15 This order terminates the action in its entirety. 16 1g | Dated: _ April 17, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28