Ciolli

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DENNIS CAPPS, Case No. 1:20-cv-00766-AWI-SAB-HC

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DENYING

v. RESPONDENT’S MOTION TO DISMISS,

AND REFERRING MATTER BACK TO

CIOLLI, MAGISTRATE JUDGE

Respondent. (ECF Nos. 10, 17)

16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 4, 2021, the Magistrate Judge issued Findings and Recommendation that recommended Respondent’s motion to dismiss be denied. (ECF No. 17). On August 16, 2021, Respondent filed objections. (ECF No. 18). On August 26, 2021, Petitioner filed a reply to the objections. (ECF No. 20). In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire…