Alberto Rodriguez v. John P. Yates

Summary

The United States District Court for the Eastern District of Arkansas adopted in part a magistrate judge’s recommended disposition and dismissed with prejudice Alberto Rodriguez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court declined to adopt the recommendation’s language concerning a certificate of appealability, citing Eighth Circuit precedent that such a certificate is not required for an appeal from denial of a § 2241 petition.

Holdings

1. The district court adopted the Recommended Disposition in part, adopted its rationale, and dismissed Rodriguez's petition for a writ of habeas corpus with prejudice.
2. A certificate of appealability is not required for a federal prisoner to appeal the denial of a petition under 28 U.S.C. § 2241.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Recommended Disposition and dismiss Rodriguez's habeas petition with prejudice.
2. Whether language concerning a certificate of appealability should be adopted in resolving a federal prisoner's petition under 28 U.S.C. § 2241.

Disposition

dismissed