Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS REYES, No. 1:22-cv-01392-HBK (HC) 12 Petitioner, ORDER DISMISSING PETITION WITH

LEAVE TO FILE AN AMENDED PETITION

13 v.

THIRTY DAY DEADLINE

14 WARDEN, FCI MENDOTA, 15 Respondent. 16 17 Petitioner, a federal prisoner incarcerated at FCI, Mendota, filed a petition for writ of 18 habeas corpus under 28 U.S.C. § 2241 on October 28, 2022 . (Doc. No. 1). A preliminary 19 screening of the petition reveals that it should be dismissed for failure to state a claim. The Court 20 will afford Petitioner an opportunity to file an amended petition to cure the deficiencies. 21 DISCUSSION 22 A. Preliminary Review of Petition 23 Rule 4 of the Rules Governing § 2254 Cases1 requires the Court to make a preliminary 24 review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 25 1 The Rules Governing Section 2254 Cases may be applied to petitions for writ of habeas corpus other than 26 those brought under §…