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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 CAROLYN M. JONES, Case No. 5:21-cv-00655-JAK-KES

12 Petitioner, ORDER ACCEPTING AMENDED 13 v. REPORT AND RECOMMENDATION

14 M. GUTIERREZ, Warden, et al., OF U.S. 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 Amended Report and Recommendation of the

20 U.S. Magistrate Judge (Dkt. 10). No objections to the Amended Report and 21 Recommendation were filed, and the deadline for filing such objections has passed. 22 The Court accepts the report, findings, and recommendations of the Magistrate 23 Judge. 24 IT IS THEREFORE ORDERED that: 25 (1) Petitioner’s motion to supplement (Dkt. 8) is granted; 26 (2) Petitioner’s motion for emergency hearing (Dkt. 2) is denied; 27 (3) Grounds One, Two, Four, and Seven of the Petition (the claims 28 1 challenging the merits and/or timing of Respondent’s residential 2 reentry center/home confinement placement decision) are dismissed 3 for lack of jurisdiction; 4 (4) Grounds Three and Six of the Petition (the claims related to COVID- 5 19) are dismissed without prejudice to Petitioner filing a civil rights 6 action raising these claims; and 7 (5) Ground Five of the Petition (the equal protection claim) is dismissed 8 with prejudice. ! : Om VE 10 | DATED: July 8, 2021 ll JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE

13 14 15 16 17 18 19 20 21 22 23 24 ' As a federal prisoner proceeding under

, Petitioner is not 25 || required to obtain a certificate of appealability in order to appeal to the United States Court of Appeals in this case. See Harrison v. Ollison,

, 958 26 (9th Cir. 2008) (plain language of

(c)(1) does not require federal 27 | prisoners bringing § 2241 petitions to obtain a certificate in order to appeal, unless 38 the § 2241 petition “is merely a ‘disguised’ § 2255 petition’).