Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN CANO, No. 2:23-cv-2216 TLN CSK P Petitioner, v. ORDER VACATING ORDER AND

FINDINGS AND RECOMMENDATIONS,

WARDEN, FCI HERLONG, AND AMENDED ORDER AND FINDINGS

AND RECOMMENDATIONS

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, the Court vacates the December 4, 2024 Order and Findings and Recommendations (ECF No. 25) and recommends that respondent’s motion to dismiss should be granted based on petitioner’s failure to…