Warden

(HC) Montenegro Salazar v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20231:23-cv-00039California2,762 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN MONTENEGRO SALAZAR, No. 1:23-cv-00039-SKO (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, AND DIRECTING CLERK OF

WARDEN, FCI-MENDOTA, COURT TO ENTER JUDGMENT Respondent. [Doc. 17] 16 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Both parties having consented to the jurisdiction of the Magistrate Judge, on January 30, 2023, the case was assigned to the undersigned for all further proceedings pursuant to 28 U.S.C. § 636(c)(1). (Docs. 12, 13, 14.) On December 12, 2022, Petitioner filed the instant habeas petition. (Doc. 1.) On March 15, 2023, Respondent filed a motion to dismiss the petition. (Doc. 17.) Respondent contends the petition should be dismissed for mootness, failure to exhaust, and lack of jurisdiction. (Doc. 17.) 24 …

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