(HC)Gutierrez-Perez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMON GUTIERREZ-PEREZ, No. 2:22-cv-00643-DAD-AC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 DAVID BREWER, HABEAS PETITION 15 Respondent. (Doc. Nos. 1, 2, 8) 16 17 Petitioner Ramon Gutierrez-Perez is a federal prisoner proceeding pro se with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 7, 2022, the assigned magistrate judge issued findings and recommendations 21 recommending that petitioner’s federal habeas petition be dismissed for lack of jurisdiction 22 because “petitioner does not challenge the legality or duration of his confinement, but instead 23 challenges the conditions of his confinement.” (Doc. No. 8 at 2.) The pending findings and 24 recommendations were served upon petitioner and contained notice that any objections thereto…