Thompson

(HC) Diaz v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaJune 1, 20222:21-cv-01755California2,101 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDUARDO DIAZ, No. 2:21-cv-01755-WBS-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 November 30, 2021, the court directed respondents to file a response within 60 days. ECF No. 7. Respondents filed a motion to dismiss the § 2241 petition on February 1, 2022. ECF No. 11. Petitioner filed a reply which the court construes as an opposition to the motion. ECF No. 12. 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 Western District of Missouri, which this court takes judicial notice of, indicates that petitioner entered a guilty plea to conspiracy to distribute methamphetamine. See ECF No.…

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