Warden
(HC) Lopez-Diaz v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE JAVIER LOPEZ-DIAZ, No. 1:23-cv-01377-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATIONS
WARDEN, FCI-MENDOTA, TO GRANT RESPONDENT’S MOTION
TO DISMISS
Respondent. [Doc. 7]
17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On September 20, 2023, Petitioner filed the instant habeas petition. (Doc. 1.) On November 21, 2023, Respondent filed a motion to dismiss the petition. (Doc. 7.) Respondent contends the petition should be dismissed for lack of jurisdiction and failure to exhaust administrative remedies. (Doc. 7.) Petitioner did not file an opposition. Having reviewed the pleadings, the Court will RECOMMEND Respondent’s motion to dismiss be GRANTED. DISCUSSION I. Motion to Dismiss The Ninth Circuit has allowed…