Soriano

Soriano v. Jenkins

Good Law
United States District Court, Northern District of CaliforniaDecember 6, 20193:18-cv-06648California1,063 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHIRLEY SORIANO, Case No. 18-cv-06648-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

W. Z. JENKINS, Dkt. No. 10 Respondent.

12 INTRODUCTION This 28 U.S.C. § 2241 federal habeas action is DISMISSED upon respondent’s motion because petitioner Shirley Soriano did not exhaust her administrative remedies and she has not shown that exhaustion should be excused. Her argument that the process would have been futile is contradicted by the record, which shows that the administrative process after she received her disciplinary decision on September 21, 2018, would have been completed well prior to any transfer to a halfway house (which occurred by June 5, 2019). BACKGROUND Soriano was a federal prisoner housed at FCI-Dublin when she filed suit. (Pet., Dkt. No. 1 at 1.) She was serving a 30-month sentence for convictions under 42 U.S.C. § 1320a-7b(b)(2)(A) (Illegal Remunerations for Health Care Referrals). (MTD, Dkt. No. 10…

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