Arviza

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner, ORDER VACATING FINDINGS AND

RECOMMENDATION

13 v. (ECF No. 17) 14 M. ARVIZA,

ORDER FOR SUPPLEMENTAL BRIEFING

15 Respondent.

16 17 Petitioner Cristian Steve Heras Morales is a federal prisoner proceeding pro se with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 19 On March 13, 2024,1 the undersigned issued findings and recommendation 20 recommending that Respondent’s motion to dismiss be granted based on nonexhaustion. (ECF 21 No. 17.) The Court found: 22 Although the petition alleges that Petitioner did not pursue further administrative appeals to the Regional Director or General Counsel 23 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), 24 Petitioner has not demonstrated that the allegedly improper denial of the BP–9 rendered the administrative remedy process effectively 25 unavailable or otherwise…