Warden

Miguel Rodriguez-Garcia v. Warden, FCI-Herlong

Good Law
United States District Court, Eastern District of CaliforniaNovember 5, 20252:23-cv-00849California3,740 words

Opinion

Trial Court Opinion

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

26 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…

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