(HC) Marquez-Huazo v. Warden of FCI-Herlong

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRACIANO MARQUEZ-HUAZO, No. 2:21-cv-1540 KJN P Petitioner, v. ORDER WARDEN, FCI-HERLONG, Respondent. 16 Petitioner, a federal prisoner, proceeds pro se with an amended petition for writ of habeas corpus under 28 U.S.C. § 2241. Previously, on March 25, 2022, the undersigned recommended that respondent’s motion to dismiss be granted. (ECF No. 17.) Petitioner filed objections; respondent did not file a reply. On April 26, 2022, during the pendency of the findings and recommendations, this action was reassigned to the undersigned upon consent of the parties. (ECF No. 22.) The undersigned reviewed petitioner’s objections. For the reasons set forth in the findings and recommendations, petitioner’s objections are overruled. Contrary to petitioner’s arguments, the record reflects that petitioner had an unobstructed procedural shot at presenting the instant claims, and therefore fails to satisfy the escape hatch criteria of…