(HC) Drone v. Federal Bureau of Prisons

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID DRONE, No. 2:21-CV-0063-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. FEDERAL BUREAU OF PRISONS, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2241. Pending before the Court is Respondent’s unopposed motion to dismiss, see ECF No. 5. Respondent argues the case should be dismissed because: (1) the Court lacks statutory authority to compel the Bureau of Prisons to take discretionary action; (2) the Court lacks jurisdiction because Petitioner’s claim is not ripe; and (3) Petitioner cannot challenge the conditions of his confinement by way of a habeas petition. See ECF No. 5. After Petitioner failed to file an opposition within the time specified by the Local Rules, the Court issued a minute order on September 17, 2022, advising Petitioner that failure to oppose the motion could be construed as consent to the relief…