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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 JUAN CORREA-GUTIERREZ, Case No. 2:23-cv-08911-CBM-KES

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

14 WARDEN, 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 U.S.

20 Magistrate Judge (Dkt. 5). 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 be entered dismissing the 24 Petition without prejudice for failure to exhaust administrative remedies. 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 4 | e.g., Tomlinson v. Caraway, No. 14-cv-020094-VBF-KK,

at *2,

at *1 (C.D. Cal. Sept. 16, 2014) (adopting report 6 || and recommendation and noting that petitioner in federal custody was not required 7 | to obtain a COA to appeal the denial of his § 2241 petition). 8 9 | DATED: APRIL 3,2024 ESS NR a 10 CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE

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