(HC)Brown v. Thompson et al, No. 2:2021cv01816 - Document 8 (E.D. Cal. 2022)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/17/2022 RECOMMENDING the 1 petition for writ of habeas corpus brought under 28 U.S.C. § 2241 be dismissed; and the Clerk be directed to close this case. Referred to Judge Troy L. Nunley; Objections to F&R due within 21 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BREYON BROWN, 12 Petitioner, 13 14 No. 2:21-cv-1816 TLN DB P v. FINDINGS AND RECOMMENDATIONS PAUL THOMPSON, et al., 15 Respondents. 16 Petitioner, a federal prisoner, proceeds without counsel with a petition for writ of habeas 17 18 corpus under 28 U.S.C. § 2241. By order filed April 12, 2022, the undersigned screened the 19 petition and notified petitioner it plainly appeared the petition was subject to dismissal because 20 the claim presented is unripe and because petitioner did not exhaust administrative remedies. 21 Petitioner was granted 30 days to file an amended petition. (ECF No. 6.) The 30 period has 22 expired, and petitioner has not filed an amended petition or otherwise responded to the court’s 23 order. Accordingly, for the reasons set forth in the April 12, 2022 screening order (ECF No. 6), 24 25 IT IS HEREBY RECOMMENDED: 1. The petition for writ of habeas corpus brought under 28 U.S.C. § 2241 (ECF No. 1) be 26 27 dismissed; and 28 //// 1 1 2. The Clerk of the Court be directed to close this case. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days after 4 being served with these findings and recommendations, petitioner may file written objections 5 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 6 and Recommendations.” Petitioner is advised that failure to file objections within the specified 7 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 8 (9th Cir. 1991). 9 Dated: June 17, 2022 10 11 brow1816.dism.fr 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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