Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL RODRIGUEZ-GARCIA, No. 2:23-cv-0849-SCR-P Petitioner, v. ORDER AND WARDEN, FCI-HERLONG, FINDINGS & RECOMMENDATIONS Respondent. 16 Petitioner is a federal inmate proceeding without counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2241. Currently pending before the court is respondent’s motion to dismiss. For the reasons explained below, the undersigned recommends denying the motion and ordering respondent to file an answer. I. Factual and Procedural History Court records from this judicial district, of which this court takes judicial notice, indicate that petitioner was convicted of possession with the intent to distribute methamphetamine and illegal reentry following a guilty plea. See United States v. Rodriguez-Garcia, No. 1:16-cr- 00067-LJO-SKO-1 (E.D. Cal.). On January 30, 2107, he was sentenced to a total term of 135 months in prison followed by 60 months of supervised…