Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN CANO, No. 2:23-cv-2216 TLN CSK P Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN, FCI HERLONG, Respondent. 16 Petitioner is a former federal prisoner proceeding pro se and in forma pauperis with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. At the time he filed this action, petitioner was a federal prisoner housed at FCI-Herlong but has since been transferred to Residential Reentry Center (“RRC”) placement with Volunteers of America in Texas. Respondent’s fully briefed motion to dismiss and petitioner’s motion to convert this action into a civil rights action are before the Court. As discussed below, respondent’s motion to dismiss should be granted, and petitioner’s motion to convert this action into a civil rights action should be denied. I. BACKGROUND A jury found petitioner guilty of one count of conspiracy to possess with intent to distribute 5 kilograms or…