Griffin v. Doerer

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Raymond Alan Griffin’s 28 U.S.C. § 2241 habeas petition without prejudice. The court concluded that Griffin failed to state a cognizable habeas claim, failed to amend as ordered, and failed to prosecute the action; it directed the Clerk to close the case.

Holdings

1. The petition may be dismissed without prejudice because Petitioner failed to file an amended petition, failed to prosecute the action, and failed to comply with the court's order.
2. After conducting de novo review under 28 U.S.C. § 636(b)(1), the district court properly adopted the findings and recommendations in full.
3. A certificate of appealability is not required because the petition was brought under § 2241 and did not challenge detention arising from process issued by a state court.

Questions Presented

1. Whether the petition should be dismissed without prejudice for failure to prosecute and failure to comply with the court's order granting leave to amend.
2. Whether the district court should adopt the magistrate judge's findings and recommendations after conducting de novo review under 28 U.S.C. § 636(b)(1).
3. Whether a certificate of appealability is required for an appeal from dismissal of a § 2241 petition concerning federal custody.

Disposition

dismissed