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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 WILLIS WHEELER, Case No. 2:19-cv-06538-ODW-KES

12 Petitioner, ORDER ACCEPTING REPORT AND 13 v. RECOMMENDATION OF UNITED

14 FELIPE MARTINEZ, JR., Warden, STATES MAGISTRATE JUDGE

15 Respondent.

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18 Pursuant to

, the Court has reviewed the Petition (Dkt. 1), the

19 other records on file herein, and the Report and Recommendation of the United States

20 Magistrate Judge (Dkt. 8). No objections to the Report and Recommendation were

21 filed, and the deadline for filing such objections has passed. The Court accepts the

22 report, findings, and recommendations of the Magistrate Judge.

23 IT IS THEREFORE ORDERED that Judgment will be entered denying the

24 Petition with prejudice.

25 As a federal prisoner proceeding under

, Petitioner is not

26 required to obtain a certificate of appealability (“COA”) in order to appeal to the

27 United States Court of Appeals in this case. See Harrison v. Ollison,

,

28 1 | 958 (9th Cir. 2008) (holding that the plain language of

(c)(1) does 2 | not require federal prisoners bringing § 2241 petitions to obtain a COA in order to 3 | appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition’’); see e.g., 4 | Tomlinson v. Caraway, No. 14-020094-VBF (KK),

, at *1, 2014 5 | U.S. Dist. LEXIS 131448, at *2 (C.D. Cal. Sept. 16, 2014) (adopting report and 6 | recommendation and noting that petitioner in federal custody was not required to 7 | obtain a COA to appeal the denial of his § 2241 petition). 8 9 | DATED: January 21, 2020 2 : SZ OTISD.WRIGHT,.T 12 UNITED STATES DISTRICT JUDGE 13 14 || Presented by: Tous Seater 16 | KAREN E. SCOTT 17 | United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28