Merlak

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MONICO ARANZUBIA, ) Case No.: 1:19-cv-01569-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 12) STEVEN MERLAK, et al., ) Respondents. ) TWENTY-ONE DAY OBJECTION DEADLINE ) )

On November 4, 2019, Petitioner filed the instant federal petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1.) The Respondent has moved the Court to dismiss the action as moot. (Doc. 12.) Petitioner did not file an opposition. The Court recommends that the petition be DISMISSED as moot. DISCUSSION I. Procedural Grounds for Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . . . .” Rule 4 of the Rules…