(HC) Otuya v. FCI Mendota Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KINGSLEY OTUYA, No. 1:22-cv-01615-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
WARDEN, FCI-MENDOTA, TO GRANT RESPONDENT’S MOTION
TO DISMISS PETITION
Respondent. [Doc. 13]
17 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. On December 16, 2022, Petitioner filed the instant habeas petition. (Doc. 1.) On March 21, 2023, Respondent filed a motion to dismiss the petition. (Doc. 13.) Respondent contends the petition should be dismissed for mootness, failure to exhaust, and lack of jurisdiction. (Doc. 13.) Petitioner did not file an opposition. Having reviewed the pleadings, and in light of recent changes in BOP procedures, the Court will recommend that Respondent’s motion to dismiss the petition be GRANTED. DISCUSSION I. …