Warden
(HC) Herrera v. Warden
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…