Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIX RIVERA, Case No. 2:23-cv-02576-DAD-JDP (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

14 WARDEN, RESPONDENT’S MOTION TO DISMISS

HABEAS PETITION

15 Respondent. (Doc. Nos. 11, 14) 16 17 Petitioner Felix Rivera, a federal prisoner proceeding pro se, has filed an application for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 9, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending that respondent’s motion to dismiss (Doc. No. 11) the petition be granted. (Doc. 22 No. 14.) Specifically, the magistrate judge concluded that the government had established that 23 petitioner is the subject of a final order of removal and is therefore not eligible for early release 24 under the First Step Act. (Doc. No. 14 at 2)…