(HC)Gutierrez-Perez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON GUTIERREZ-PEREZ, No. 2:22-cv-0643 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DAVID BREWER, Respondent. 16 Petitioner is a federal prisoner proceeding pro se with a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. By order filed July 12, 2022, the undersigned screened the petition and found that petitioner’s claims should have been brought, if at all, in an action for damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), or for injunctive relief under 28 U.S.C. § 1331. ECF No. 6. Petitioner was given thirty days to either voluntarily dismiss the action or convert the petition into a complaint for damages and/or injunctive relief and cautioned that failure to do one or the other would result in a recommendation that the petition be dismissed for lack of habeas jurisdiction. Id. After petitioner failed to respond to the order in any…