Jason Loyd Ross v. Barbara Von Blanckensee

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JASON LOYD ROSS, Case No. SA CV 20-772-PSG (PD) 12 Petitioner, ORDER ACCEPTING REPORT 13 v. AND RECOMMENDATION OF UNITED STATES 14 BARBARA VON BLANCKENSEE, MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 18 records on file, and the Report and Recommendation of United States 19 Magistrate Judge. No objections to the Report and Recommendation have 20 been filed. The Court accepts the Magistrate Judge’s Report and adopts it as 21 its own findings and conclusions. 22 As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is 23 not required to obtain a certificate of appealability to appeal to the Ninth 24 Circuit Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 25 958 (9th Cir. 2008) (plain language of 28 U.S.C. § 2253(c)(1) does not require 26 federal prisoners bringing section 2241 petitions to obtain a certificate of 27 appealability to appeal, unless the section 2241 petition is a section 2255 28 | petition in disguise”). Accordingly, the Petition is dismissed without 2 || prejudice. 3 | DATED: 09/22/ 2020. 5 fiat dE

7 PHILIP 8. GUTIERREZ CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28