Juan Evangelista Castro v. Warden Bryan Birkholz

Summary

The United States District Court for the Central District of California accepted the magistrate judge’s report and recommendation after conducting de novo review of the portions subject to objections. The court granted the respondent’s motion to dismiss the § 2241 petition with prejudice and granted the petitioner’s motion to expedite in part and denied it in part.

Holdings

1. The district court accepted the magistrate judge's report, findings, and recommendations after reviewing the record and conducting de novo review of the portions to which objections were made.
2. Respondent's motion to dismiss the Petition with prejudice was granted.
3. Petitioner's motion to expedite was granted in part and denied in part.
4. A federal prisoner proceeding under § 2241 generally is not required to obtain a certificate of appealability to appeal to the Ninth Circuit unless the petition is merely a disguised § 2255 petition.

Questions Presented

1. Whether the district court should accept the magistrate judge's Report and Recommendation after conducting de novo review of the objected-to portions.
2. Whether Respondent's motion to dismiss the § 2241 petition with prejudice should be granted.
3. Whether Petitioner's motion to expedite should be granted.

Disposition

dismissed