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Feaster v. Federal Bureau of Prisons

United States District Court, D. Arizona

September 2, 2014

Michael A. Feaster, Petitioner,
v.
Federal Bureau of Prisons, et al., Respondents.

ORDER

JENNIFER G. ZIPPS, District Judge.

Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Bernardo P. Velasco recommending that Petitioner's Amended Petition pursuant to 28 U.S.C. § 2241 be denied. (Doc. 41.) As thoroughly explained by Magistrate Judge Velasco, Petitioner is not entitled to relief as his petition is without merit. Petitioner's objections to the Report and Recommendation do not undermine the analysis and proper conclusions reached by Magistrate Judge Velasco and are therefore rejected.[1] The Report and Recommendation is adopted.

Certificate of Appealability

"The plain language of [28 U.S.C.] § 2253(c)(1) does not require a petitioner to obtain a [certificate of appealability] in order to appeal the denial of a § 2241 petition." Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008). "Nor is there any other statutory basis for imposing a [certificate of appealability] requirement on legitimate § 2241 petitions. Although state prisoners proceeding under § 2241 must obtain a [certificate of appealability], see § 2253(c)(1)(A), there is no parallel requirement for federal prisoners." Id. Accordingly, because Petitioner is a federal prisoner bringing a legitimate § 2241 petition, a certificate of appealability is not required.

Accordingly, IT IS HEREBY ORDERED as follows:

(1) The Report and Recommendation (Doc. 41) is accepted and adopted.

(2) Petitioner's § 2241 Amended Petition (Doc. 19) is denied.

(3) Petitioner's request for mandamus relief is denied, and this case is dismissed with prejudice.

(4) The Clerk of the Court shall enter judgment accordingly and close the file in this matter.


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