Arviza

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CRISTIAN STEVE HERAS MORALES, Case No. 1:23-cv-01283-JLT-EPG-HC

Petitioner, ORDER VACATING FINDINGS AND

RECOMMENDATION

v. (ECF No. 17) M. ARVIZA,

ORDER FOR SUPPLEMENTAL BRIEFING

Respondent.

16 Petitioner Cristian Steve Heras Morales is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On March 13, 2024,1 the undersigned issued findings and recommendation recommending that Respondent’s motion to dismiss be granted based on nonexhaustion. (ECF No. 17.) The Court found: Although the petition alleges that Petitioner did not pursue further administrative appeals to the Regional Director or General Counsel because the BP–9 “was rejected based on false pretense claiming [Petitioner] did not file a BP 8 which is not true,” (ECF No. 1 at 4), Petitioner has not demonstrated that the allegedly improper denial of the BP–9 rendered the administrative remedy process effectively unavailable or otherwise…