(HC)Bautista
(HC)Bautista v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL BAUTISTA, No. 1:23-cv-01122-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. 10]
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 July 28, 2023, Petitioner filed the instant habeas petition. (Doc. 1.) On October 31, 2023, Respondent filed a motion to dismiss the petition. (Doc. 10.) Respondent contends the petition should be dismissed for lack of jurisdiction and failure to exhaust administrative remedies. Petitioner did not file an opposition. On December 13, 2023, the Court issued an order directing Respondent to provide additional documentation. (Doc. 11.) On January 25, 2024, Respondent filed under seal a notice of filing of Petitioner’s final order of removal. …