Jose Garcia v. Linda Sanders
Jose Garcia v. Linda Sanders
Opinion
MEMORANDUM **
Federal prisoner Jose Ernesto Garcia appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 habeas petition without prejudice. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Garcia contends that the Federal Bureau of Prisons unlawfully refused his request for a transfer to a Residential Reentry Center in contravention of 18 U.S.C. § 3621(b).
A federal prisoner is required to exhaust his administrative remedies before filing a habeas petition. See Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir. 1986) (per cu-riam). Garcia has not exhausted his administrative remedies, nor has he shown that exhaustion of his administrative remedies would be futile. See Terrell v. Brewer, 935 F.2d 1015, 1019 (9th Cir. 1991). Thus, the district court properly dismissed his petition without prejudice. See id.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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