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govinfo:USCOURTS-caed-1_26-cv-02281-1

U.S. District Court for the Eastern District of California · 2026-06-10

· GavelSight synced 2026-09-06 03:52:11

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
DANIEL DEWAYNE AIKENS, 
Petitioner, 
 
v. 
 
 
DOERER, 
Respondent. 
 
No. 1:26-cv-02281-KES-FJS (HC) 
ORDER ADOPTING FINDINGS AND 
RECOMMENDATIONS, DISMISSING 
PETITION FOR WRIT OF HABEAS 
CORPUS, AND DIRECTING CLERK OF 
COURT TO ENTER JUDGMENT AND 
CLOSE CASE 
 
 
Doc. 6 
 
 
Petitioner Daniel Dewayne Aikens is a federal prisoner proceeding pro se and in forma 
pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was 
referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 
302. 
On March 27, 2026, the assigned magistrate judge issued findings and recommendations 
to dismiss the petition for lack of jurisdiction. Doc. 6. Those findings and recommendations 
were served upon all parties and contained notice that any objections thereto were to be filed 
within twenty-one (21) days after service. No objections have been filed, and the deadline to do 
so has expired. 
In accordance with the provisions of 28 U.S.C. § 636 (b)(1), the Court has conducted a de 

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novo review of the case. Having carefully reviewed the file, the Court concludes that the findings 
and recommendations are supported by the record and proper analysis. 
In the event a notice of appeal is filed, a certificate of appealability will not be required 
because this is not a final order in a habeas proceeding in which the detention complained of 
arises out of process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th 
Cir. 1997); see Ojo v. INS, 106 F.3d 680, 681-682 (5th Cir. 1997); Bradshaw v. Story, 86 F.3d 
164, 166 (10th Cir. 1996). 
Accordingly, 
1. The findings and recommendations issued on March 27, 2026, Doc. 6, are adopted 
in full; 
2. The petition for writ of habeas corpus is dismissed; 
3. The Clerk of Court is directed to enter judgment and close the case; and 
 4. In the event a notice of appeal is filed, no certificate of appealability is required. 
 
 
 
IT IS SO ORDERED. 
 
 Dated: June 9, 2026 
 UNITED STATES DISTRICT JUDGE 
 
 

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