Doerer

(HC) Rojas-Reyes v. Doerer

Good Law
United States District Court, Eastern District of CaliforniaSeptember 11, 20241:21-cv-01064California2,204 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAFAEL ROJAS-REYES, Case No. 1:21-cv-01064-HBK (HC) Petitioner, OPINION AND ORDER GRANTING

RESPONDENT’S MOTION TO DISMISS

v. AND DENYING PETITION WITH

PREJUDICE1

WARDEN DOERER, (Doc. No. 12) Respondent. 16 Petitioner Rafael Rojas-Reyes, a federal prisoner in the custody of the Bureau of Prisons (“BOP”), has pending a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2241 on June 30, 2021. (Doc. No. 1, “Petition”). The Petition claims insufficient illicit drug evidence in connection with his disciplinary proceeding held at United States Penitentiary (“USP”) Atwater. (Id. at 6). In response, on November 29, 2021, Respondent filed a Motion to Dismiss with Appendix. (Doc. Nos. 12, 12-1). On December 27, 2021, Petitioner filed a Peply. (Doc. No. 14). For the reasons set forth more fully below, the Court grants Respondent’s Motion to Dismiss and denies the Petition with prejudice. //// 26 1…

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