Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL RODRIGUEZ-GARCIA, No. 2:23-cv-0849-TLN-SCR (HC) 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 WARDEN, FCI-HERLONG, 15 Respondent. 16 17 Petitioner is incarcerated in Bureau of Prisons (“BOP”) custody and representing himself 18 in this habeas corpus action filed pursuant to 28 U.S.C. § 2241. Pending before the court is 19 respondent’s renewed motion to dismiss.1 ECF Nos. 18, 22. Petitioner has not opposed the 20 motion to dismiss and the time to do so has expired. For the reasons explained below, the 21 undersigned recommends denying petitioner’s § 2241 application on the merits. 22 I. Factual and Procedural History 23 Petitioner serving a 135-month federal sentence pursuant to a guilty plea to possession 24 with the intent to distribute methamphetamine and illegal reentry.2 See United States v. 25

26 1 In light of the court’s April 18, 2025 order that required respondents to file a response on the merits of the § 2241 petition along with…