Opinion
2:23-cv-10663-FMO-AJR
11-20-2024
CALIXTO TUMBACO, Petitioner, v. B. BIRKHOLZ, WARDEN, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
FERNANDO M. OLGUIN UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge.
IT IS ORDERED that Judgment be entered DISMISSING this action WITHOUT PREJUDICE because the First Step Act claim is not ripe for adjudication and the claims are otherwise unexhausted.