Merlak

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SIMON LEE WILCOX, No. 1:19-cv-01410-NONE-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO GRANT RESPONDENT’S MOTION

v. TO DISMISS [Doc. 13] STEVEN MERLAK, Warden, et al., [TWENTY-ONE DAY OBJECTION

DEADLINE]

Respondents. 16 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On October 7, 2019, Petitioner filed the instant habeas petition. (Doc. 1.) On January 15, 2020, Respondent filed a motion to dismiss the petition for lack of standing and ripeness, failure to exhaust, and lack of jurisdiction. (Doc. 13.) Petitioner did not file an opposition to the motion. The Court will recommend that Respondent’s motion to dismiss be GRANTED and the petition be DISMISSED WITH PREJUDICE. DISCUSSION I. Motion to Dismiss The Ninth Circuit has allowed respondents to file a motion to…