Cisneros

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OSBALDO REYES, No. 1:22-cv-01490-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

TO DISMISS PETITION

v. [TWENTY-ONE DAY DEADLINE] THERESA CISNEROS, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on November 18, 2022. The petition does not challenge the underlying conviction; rather, it challenges Petitioner’s gang validation by the California Department of Corrections and Rehabilitation (“CDCR”). After conducting a preliminary review, the Court found it lacked habeas jurisdiction to consider the claims. The Court dismissed the petition; however, Petitioner was granted an opportunity to file an amended petition to present a cognizable claim. (Doc. 5.) The time allotted to file an amended petition has passed, and Petitioner has not filed an amended petition. Thus, for the reasons stated in…