(HC) Cruz-Garcia v. Warden, F.C.I. Mendota

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 JOSE ALBERTO CRUZ-GARCIA, Case No. 1:24-cv-00076-EPG-HC Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS AS MOOT

WARDEN, F.C.I. MENDOTA, (ECF No. 8) Respondent.

ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE 17 Petitioner Jose Alberto Cruz-Garcia is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons stated herein, the undersigned recommends that Respondent’s motion to dismiss be granted and the petition be dismissed as moot. I. BACKGROUND In the petition, Petitioner challenges a Federal Bureau of Prisons’ (“BOP”) policy of refusing to allow prisoners with immigration detainers to apply earned time credits (“FTCs” or “ETCs”) under the First Step Act (“FSA”). (ECF No. 1.) On May 14, 2024, Respondent filed a motion to dismiss the…