Warden
(HC) Carrillo-Carrillo v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SAMUEL E. CARRILLO-CARRILLO, Case No. 1:23-cv-01690-SAB-HC
Petitioner, ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE DISMISSED
v. FOR FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES
WARDEN,
Respondent.
16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Rule 4 of the Rules Governing Section 2254 Cases1 requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. In the petition, Petitioner challenges a Federal Bureau of Prisons’ policy (Program Statement 5410.01) that excludes inmates with immigration detainers, such as Petitioner, from applying…