(HC) Rivera-Jimenez v. Warden at FCI Mendota

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA ISAAC RIVERA-JIMENEZ, Case No. 1:24-cv-01535 JLT SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 PETITION FOR WRIT OF HABEAS v. CORPUS, AND DIRECTING THE CLERK 14 OF COURT TO ENTER JUDGMENT AND CLOSE THIS CASE WARDEN, FCI MENDOTA, (Doc. 9) 16 Respondent. NO CERTIFICATE OF APPEALABILITY IS REQUIRED 18 Isaac Rivera-Jimenez is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 related to a rules violation report and disciplinary proceeding. (See generally Doc. 7.) The magistrate judge performed a preliminary review of the petition and found Petitioner failed to state a claim for habeas relief.

22 (Doc. 9 at 1-4.) Therefore, the magistrate judge recommended the Court dismiss the petition with prejudice. (Id. at 1, 4.)

24 The Court served the Findings and Recommendations on Petitioner and notified him that any objections were due within 21 days. (Doc. 9 at 4.) The Court advised him that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id. at 5, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Petitioner did not file objections, and the time to do so has passed.

1 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this | case. Having carefully reviewed the matter, the Court concludes the Findings and || Recommendations are supported by the record and proper analysis. In the event a notice of | appeal is filed, a certificate of appealability will not be required, because this is an order denying | a petition pursuant to 28 U.S.C. § 2241, not a final order in a habeas proceeding in which the | detention complained of arises out of process issued by a state court. Forde v. U.S. Parole | Commission, 114 F.3d 878 (9th Cir. 1997); see Ojo v. INS, 106 F.3d 680, 681-682 (Sth Cir. | 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996). Thus, the Court ORDERS: 9 1. The Findings and Recommendations issued on February 13, 2025 (Doc. 9) are 10 ADOPTED in full.

11 2. The petition for writ of habeas corpus is DISMISSED with prejudice.

12 3. The Clerk of Court is directed to enter judgment and close the case.

13 4. In the event a notice of appeal is filed, a certificate of appealability is not required.

14 This order terminates the action in its entirety.

16 IT IS SO ORDERED.

17 | Dated: _March 17, 2025 Charis [Tourn TED STATES DISTRICT JUDGE