Brewer

(HC) Holt v. Brewer

Good Law
United States District Court, Eastern District of CaliforniaApril 26, 20232:22-cv-00710California805 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANGELO DESHONG HOLT, No. 2:22-cv-00710-DAD-DB (HC) Petitioner, v. ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS AND DISMISSING

DAVID BREWER, HABEAS PETITION WITHOUT PREJUDICE Respondent. (Doc. Nos. 10, 16) 16 Petitioner DeAngelo DeShong Holt is a federal prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 18, 2023, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss (Doc. No. 10) be granted due to petitioner’s failure to state a claim upon which relief can be granted under 28 U.S.C. § 2241. (Doc. No. 16.) Specifically, the magistrate judge concluded that petitioner’s allegations—that the Bureau of Prisons (“BOP”) is hindering his Residential Re-entry Center…

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