Warden

(HC) Herrera v. Warden

Good Law
United States District Court, Eastern District of CaliforniaSeptember 18, 20231:22-cv-01159California380 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MAIKEL HERRERA, No. 1:22-cv-01159-ADA-CDB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS THAT THE

v. PETITION FOR WRIT OF HABEAS CORPUS

BE DISMISSED WITHOUT PREJUDICE

WARDEN, (ECF Nos. 12, 14) Respondent. 16 On June 30, 2023, the assigned Magistrate Judge issued findings and recommendations to grant Respondent’s motion to dismiss and to dismiss the petition of Petitioner Maikel Herrera without prejudice for failure to exhaust administrative remedies. (ECF No. 14.) The Court served the findings and recommendations on Petitioner and gave him fourteen days to file objections thereto. As of the date of this Order, more than 14 days have passed, and no objections have been filed. (Id. at 3-4.) The findings and recommendations advised Plaintiff that “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id. (citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th…

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