Rivera-Jimenez v. Warden, FCI Mendota

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a federal prisoner’s 28 U.S.C. § 2241 petition concerning a prison disciplinary proceeding. The court dismissed the petition with prejudice because it failed to state a claim for habeas relief, directed the Clerk to enter judgment and close the case, and determined that no certificate of appealability is required.

Holdings

1. The findings and recommendations were supported by the record and proper analysis and were adopted in full; the § 2241 petition was dismissed with prejudice.
2. A certificate of appealability is not required because the order denies a petition under § 2241 rather than a final habeas order involving detention arising from process issued by a state court.

Questions Presented

1. Whether the magistrate judge's findings and recommendations recommending dismissal of the § 2241 petition with prejudice should be adopted after de novo review.
2. Whether a certificate of appealability is required for an appeal from an order denying a § 2241 petition concerning federal custody.

Disposition

dismissed