1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RICHARD HAWORTH, Case No. CV 20-07950-RGK (PD)

12 Petitioner, ORDER ACCEPTING REPORT 13 v. AND RECOMMENDATION OF UNITED STATES 14 PATRICIA V. BRADLEY, Warden, MAGISTRATE JUDGE 15 Respondent.

16

17 Pursuant to

, the Court has reviewed the Petition, the 18 records on file, and the Report and Recommendation of United States 19 Magistrate Judge. No objections to the Report and Recommendation have 20 been filed. The Court accepts the Magistrate Judge’s Report and adopts it as 21 its own findings and conclusions. 22 As a federal prisoner proceeding under

, Petitioner is 23 not required to obtain a certificate of appealability to appeal to the Ninth 24 Circuit Court of Appeals in this case. See Harrison v. Ollison,

, 25 958 (9th Cir. 2008) (plain language of

(c)(1) does not require 26 federal prisoners bringing section 2241 petitions to obtain a certificate of 27 appealability to appeal, unless the section 2241 petition is a section 2255 28 1 || petition in disguise”). Accordingly, the Petition is dismissed without 2 || prejudice. 3 || DATED: January 4, 2021 5 ‘ d “0 KReccana 7 R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28