Francisco Melgar-Cabrera v. B. Lammer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
FRANCISCO MELGAR-CABRERA, Case No. 5:23-cv-02362-JWH (BFM) Petitioner, ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
v. UNITED STATES MAGISTRATE
JUDGE
WARDEN B. LAMMER, Respondent.
16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation (“Report”) of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. The Report recommends the dismissal of this action without prejudice because the Petition, filed under 28 U.S.C. § 2241, does not challenge the execution of a sentence or qualify for the “escape hatch” of 28 U.S.C. § 2255(e). (ECF No. 18.) For the following reasons, Petitioner’s objections to the Report (ECF No. 20) do not warrant a change to the Magistrate Judge’s findings or recommendation. Petitioner objects…