Opinion
No. 3:20-CV-464-K
09-08-2020
SINGH SANDEEP, Petitioner, v. MATTHEW T. ALBENCE, et al., Respondents.
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 petitioner's Emergency Petition for Declaratory and Injunctive Relief in the Nature of a Mandamus and Habeas Corpus is DISMISSED as moot.
A certificate of appealability (COA) is not required for a federal detainee 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.
SO ORDERED.
Signed September 8th , 2020.
/s/ _________
ED KINKEADE
UNITED STATES DISTRICT JUDGE