Thompson

(HC) Garcia v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaApril 21, 20222:21-cv-01852California2,222 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN GARCIA, IV, No. 2:21-cv-01852-KJM-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS PAUL THOMPSON, et al., Respondents. 16 Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 6, 2021, the court ordered respondent to file an answer to the petition or a motion to dismiss within 60 days. ECF No. 5. Respondent filed a motion to dismiss the § 2241 petition on February 4, 2022. ECF No. 7. Petitioner has not filed an opposition and the time to do so has expired. For the reasons explained below, the undersigned recommends granting respondent’s motion to dismiss based on lack of ripeness. I. Factual and Procedural History A review of the docket from the District of Hawaii, which this court takes judicial notice of, indicates that petitioner was convicted following a jury trial of possession with the intent to 26 …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.