Opinion
No. CV 18-00760-AB (DFM)
12-21-2018
ARTHUR GRIGORIAN, Petitioner, v. STEVE LANGORD, Warden, Respondent.
Order Accepting Report and Recommendation of United States Magistrate Judge
Under 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Final Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the report, findings, and recommendations of the Magistrate Judge.
IT IS THEREFORE ORDERED that Judgment be entered dismissing the Petition without prejudice for lack of jurisdiction.
As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not required to obtain a certificate of appealability ("COA") in order to appeal to the United States Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (holding that the plain language of 28 U.S.C. § 2253(c)(1) does not require federal prisoners bringing § 2241 petitions to obtain COA to appeal, unless § 2241 petition "is merely a 'disguised' § 2255 petition"); see e.g., Tomlinson v. Caraway, No. 14-020094-VBF (KK), 2014 WL 4656432, at *1 (C.D. Cal. Sept. 16, 2014) (adopting report and recommendation and noting that petitioner in federal custody was not required to obtain COA to appeal denial of his § 2241 petition). Dated: 12/21/2018
/s/_________
ANDRÉ BIROTTE JR.
United States District Judge Presented by: /s/_________
DOUGLAS F. McCORMICK
United States Magistrate Judge