Merlak

(HC) Hernandez v. Merlak

Good Law
United States District Court, Eastern District of CaliforniaFebruary 2, 20211:19-cv-01172California503 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODOLFO HERNANDEZ, No. 1:19-cv-01172-NONE-HBK (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO GRANT

v. RESPONDENT’S MOTION TO DISMISS § 2241 PETITION STEVEN MERLAK, (Doc. Nos. 1, 20) Respondent. 16 Petitioner Miguel Angel Villegas, a federal prisoner without counsel, has petitioned the court for a writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1.) Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, the matter was referred to a United States Magistrate Judge. On June 30, 2020, respondent moved to dismiss the petition. (Doc. No. 18). On August 26, 2020, the assigned magistrate judge issued findings and recommendations recommending that the pending habeas petition be dismissed for lack of jurisdiction, among other reasons. (Doc. No. 20 at 2–4.) Petitioner has not filed any objections thereto, and the deadline to do so has passed. Pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule…

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