Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JAMES DOU, ) Case No.: 1:21-cv-01495 JLT SAB ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DENYING THE v. ) PETITION, DENYING RESPONDENT’S MOTION ) TO DISMISS AS MOOT, AND DIRECTING THE WARDEN, ) CLERK OF COURT TO CLOSE THE CASE ) Defendant. ) (Docs. 15, 17) ) )

James Dou 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, asserting the sentence he is “serving is unlawful and being carried out by the Bureau of Prison[s] exceed[s] the statutory limit.” (Doc. 1 at 3.) Respondent moved to dismiss the petition, asserting the BOP’s calculation authority is limited and the petition should be dismissed for failure to exhaust administrative remedies. (Doc. 15.) The magistrate judge evaluated the merits of the petition, and determined the BOP was precluded from…