Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAFAEL PAHUA-MARTINEZ, No. 2:23-cv-00615 EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN, FCI-HERLONG,

Respondent. 16 Petitioner filed a petition for relief pursuant to 18 U.S.C. § 2241 on April 3, 2023. ECF No. 1. On July 13, 2023, respondent moved to dismiss the petition, in part due to petitioner’s alleged failure to exhaust his administrative remedies. ECF No. 10 (citing, inter alia, Chua Han Mow w. United States, 730 F.2d 1308, 1313 (9th Cir. 1984), cert. denied, 470 U.S. 1031 (1985) (finding “it is only when a prisoner has exhausted his administrative remedies that he becomes entitled to litigate the matter in district court”). Petitioner has acknowledged his failure to exhaust his administrative remedies and has also moved to dismiss his petition without prejudice. ECF No. 12. It is hereby ORDERED that the Clerk of Court randomly assign a district judge to this case. Because the…