Opinion
NO. CV 13-5216 (MAN)
12-31-2013
EDDIE SHELBY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATE MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition For 28 U.S.C. § 2241 Pursuant To Habeas Corpus Statutes § 2241-2255 ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections. The Court has conducted a de novo review of those matters to which Objections have been stated in writing. The Court accepts the findings and recommendations set forth in the Report.
IT IS ORDERED that: (1) the Petition is dismissed for lack of jurisdiction; (2) Judgment shall be entered dismissing this action; and (3) a certificate of appealability is not warranted and, thus, is denied. See Porter v. Adams, 244 F.3d 1006, 1007 (9th Cir. 2001).
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.
LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: December 31, 2013
/s/_________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE