(HC)Vera Martinez v. Warden, FCI-Mendota

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSE J. VERA MARTINEZ, ) Case No.: 1:22-cv-01282-ADA-SKO (HC) ) Petitioner, ) ORDER WITHDRAWING FINDINGS AND ) RECOMMENDATIONS DATED NOVEMBER 10, v. ) 2022 (Doc. 9) ) 14 ) FINDINGS AND RECOMMENDATIONS TO WARDEN, FCI-MENDOTA, ) DISMISS PETITION FOR WRIT OF HABEAS ) CORPUS Respondent. ) ) [21-DAY DEADLINE]

Petitioner is a federal detainee proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He filed his initial petition on October 7, 2022. After conducting a preliminary review of the petition, the Court dismissed the petition with leave to amend. (Doc. 6.) On November 4, 2022, Petitioner filed a first amended petition challenging his conviction and sentence. (Doc. 7.) Upon review of the amended petition, the Court determined that it lacked jurisdiction based on evidence that Petitioner had only been charged with illegal reentry in the United States…