(HC)Avila Gutierrez v. Warden F.C.I. Herlong

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN AVILA GUTIERREZ, No. 2:23-cv-00646-DAD-AC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

WARDEN, F.C.I. HERLONG, HABEAS PETITION FOR FAILURE TO

STATE A COGNIZABLE CLAIM

Respondent. (Doc. No. 8) 16 Petitioner Juan Avila Gutierrez is a federal prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 24, 2023, the assigned magistrate judge screened the pending petition, found that it failed to state a cognizable claim for relief under 28 U.S.C. § 2241, and granted petitioner leave to file an amended federal habeas petition to attempt to cure the noted deficiencies within thirty days. (Doc. No. 6 at 2–3.) Petitioner was specifically warned that his failure to file an amended petition would…