1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DURJAN SINGH, Case No. 5:20-cv-00209-SVW-KES 12 Petitioner,

ORDER ACCEPTING REPORT AND

13 v.

RECOMMENDATION OF U.S.

14 SECRETARY OF DHS, et al., MAGISTRATE JUDGE 15 Respondents. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. 1), the 19 other records on file herein, and the Report and Recommendation of the United

20 States Magistrate Judge (Dkt. 11). No objections to the Report and 21 Recommendation were filed, and the deadline for filing such objections has passed. 22 The Court accepts the report, findings, and recommendations of the Magistrate 23 Judge. 24 IT IS THEREFORE ORDERED that Judgment shall be entered dismissing 25 Grounds 1, 2, and 3 of the Petition as moot and dismissing Ground 4 of the Petition 26 for lack of subject matter jurisdiction. 27 As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not 28 1 | required to obtain a certificate of appealability (“COA”) in order to appeal to the 2 | United States Court of Appeals in this case. See Harrison v. Ollison, 519 F.3d 952, 3 | 958 (9th Cir. 2008) (holding that the plain language of 28 U.S.C. § 2253(c)(1) does 4 | not require federal prisoners bringing § 2241 petitions to obtain a COA in order to 5 | appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition’); see 6 | e.g., Tomlinson v. Caraway, No. 14-020094-VBF (KK), 2014 WL 4656432, at *1 7 | (C.D. Cal. Sept. 16, 2014) (adopting report and recommendation and noting that 8 || petitioner in federal custody was not required to obtain a COA to appeal the denial 9 || of his § 2241 petition). 10 Ze 2 +. Pine

KAREN E. SCOTT

17 | UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28