(HC) Olguin-Hernandez v. Warden, F.C.I. Mendota

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20241:23-cv-01088California1,552 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN OLGUIN-HERNANDEZ, No. 1:23-cv-01088-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 20, 2023, Petitioner filed the instant habeas petition. (Doc. 1.) On October 24, 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 January 10, 2024, the Court issued an order directing Respondent to provide additional documentation. (Doc. 11.) On January 24, 2024, Respondent filed under seal a notice of filing of Petitioner’s final order of removal. …

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