(HC) Pananyan v. White

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ARSEN PANANYAN, CASE NO. 1:21-cv-00516-AWI-JLT (HC)

Petitioner,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS, DISMISSING

PETITION FOR WRIT OF HABEAS

DOUGLAS WHITE, Warden FCI CORPUS, AND DIRECTING CASE TO Mendota, BE CLOSED

Respondent.

(Doc. No. 5) Petitioner Arsen Pananyan is a federal prisoner proceeding in propria persona with a petition for writ of habeas corpus under 28 U.S.C. § 2241. On April 6, 2021, the magistrate judge assigned to the case issued findings and recommendations to dismiss the petition. Doc. No. 5. These findings and recommendations were served upon all parties and contained notice that any objections were to be filed within twenty-one days from the date of service of that order. To date, no party has filed objections.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the magistrate judge’s findings and recommendations are supported by the record and proper analysis.

The plain language of 28 U.S.C. § 2253(c)(1) does not require a petitioner to obtain a certificate of appealability in order to appeal the denial of a petition for writ of habeas corpus under 28 U.S.C. § 2241. Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008); Forde v. U.S. Parole Comm’n, 114 F.3d 878, 879 (9th Cir. 1997). Therefore, no certificate of appealability will be issued.

ORDER Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations (Doc. No. 5) that were entered on April 6,

2021, are ADOPTED in full; 2. The petition for writ of habeas corpus (Doc. No. 1) is DISMISSED; 3. The Clerk of Court is directed to ENTER judgment and CLOSE the case; 4. No certificate of appealability is required; and

IT IS SO ORDERED. □□ Dated: _May 12, 2021 7 Sz 7 Cb Lec

— SENIOR DISTRICT JUDGE