(HC) Reyes v. Cisneros

Filing 7

FINDINGS and RECOMMENDATIONS recommending that the Petition be Dismissed for lack of jurisdiction; referred to Judge Ana de Alba, signed by Magistrate Judge Sheila K. Oberto on 1/13/2023. (Objections to F&R due within 21-Day Deadline)(Martin-Gill, S)

Case 1:22-cv-01490-ADA-SKO Document 7 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSBALDO REYES,

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Petitioner,

No. 1:22-cv-01490-SKO (HC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS PETITION

v.
[TWENTY-ONE DAY DEADLINE]
THERESA CISNEROS,

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Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on November

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18, 2022. The petition does not challenge the underlying conviction; rather, it challenges

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Petitioner’s gang validation by the California Department of Corrections and Rehabilitation

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(“CDCR”). After conducting a preliminary review, the Court found it lacked habeas jurisdiction

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to consider the claims. The Court dismissed the petition; however, Petitioner was granted an

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opportunity to file an amended petition to present a cognizable claim. (Doc. 5.) The time allotted

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to file an amended petition has passed, and Petitioner has not filed an amended petition. Thus, for

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the reasons stated in the order dismissing the petition, the Court will recommend the petition be

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DISMISSED.

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ORDER
IT IS HEREBY ORDERED that the Clerk of Court is DIRECTED to assign a district
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Case 1:22-cv-01490-ADA-SKO Document 7 Filed 01/17/23 Page 2 of 2
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judge to this case.

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RECOMMENDATION

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Accordingly, the Court RECOMMENDS that the petition be DISMISSED for lack of
jurisdiction.

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This Findings and Recommendation is submitted to the United States District Court Judge

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assigned to the case pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 72-304 of

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the Local Rules of Practice for the United States District Court, Eastern District of California.

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Within twenty-one (21) days after being served with a copy of this Findings and

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Recommendation, Petitioner may file written objections with the Court. Such a document should

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be captioned “Objections to Magistrate Judge’s Findings and Recommendation.” The Court will

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then review the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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Order of the District Court. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

January 13, 2023

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UNITED STATES MAGISTRATE JUDGE

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