Opinion
No. 3:18-CV-1030-N
06-28-2018
DAVID WILLIAM RODENBERG, ID # LD2593, Petitioner, v. WARDEN, HUTCHINS STATE JAIL, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the petition for habeas corpus relief under 28 U.S.C. § 2241 is DENIED with prejudice, and any non-habeas civil claims are DISMISSED without prejudice to raising them in a separate civil action.
A certificate of appealability (COA) is not required for a federal inmate to appeal the denial of relief under 28 U.S.C. § 2241. See Padilla v. United States, 416 F. 424, 425 (5th Cir. 2005). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account.
SIGNED this 28th day of June, 2018.
/s/ _________
UNITED STATES DISTRICT JUDGE