(HC) Hernandez-Velasquez v. Warden, F.C.I. Mendota

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JEISON HERNANDEZ-VELASQUEZ, Case No. 1:24-cv-0130 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

v. HABEAS CORPUS, AND DIRECTING

CLERK OF COURT TO ENTER JUDGMENT

WARDEN, FCI-MENDOTA, AND CLOSE THE CASE

Respondent. (Docs. 7, 14) 17 Jeison Hernandez- Velasquez is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts that he “earned time credits (‘ETC’) which, under the First Step Act, entitle him to immediate transfer into supervised release or pre-release custody, however the BOP refuses to enable him to apply his ETC’s (sic) because he has an immigration detainer.” (Doc. 1 at 6.) Respondent moves to dismiss the petition, arguing Petitioner did not exhaust his administrative remedies and…