Steven Strauss v. Brian Birkholz

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION STEVEN STRAUSS, ) Case No. 2:24-cv-06778-SVW-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY v. ) ) THE PETITION SHOULD NOT BE BRIAN BIRKHOLZ, ) ) DISMISSED ) 15 Respondent. ) ) 16 On August 5, 2024, the Court received a Petition for Writ of Habeas Corpus by a Person in Federal Custody under 28 U.S.C. § 2241 from Steven Strauss (“Petitioner”), a federal prisoner at the Federal Correctional Institute, Lompoc, located in Lompoc, California, alleging that the Federal Bureau of Prisons (“BOP”) is improperly denying him credits toward early release under the First Step Act (“FSA”) by treating his separate, consecutive sentences for convictions under 21 U.S.C. § 841(a)(1), (b)(1)(C) and 18 U.S.C. § 924(c) imposed by the United States District Court for the Western District of Washington on May 9, 2023, as “aggregate” sentences, rendering him ineligible for FSA credits for the entire aggregated…