(HC)Perez

(HC)Perez v. Trate

Good Law
United States District Court, Eastern District of CaliforniaAugust 12, 20241:22-cv-00629California1,798 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 JULIO PEREZ, Case No. 1:22-cv-00629-CDB

Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. (Doc. 8) B.M. TRATE, Defendants. 13 Petitioner Julio Perez is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C § 2241. Petitioner alleges that the Bureau of Prisons (“BOP”) has failed to properly calculate credit for time he served in custody. (Doc. 1 p. 2-3). Respondent B.M. Trate, Warden of USP Atwater (“Atwater”), filed a motion to dismiss for failure to exhaust administrative remedies. Respondent further argues that since Petitioner failed to exhaust his remedies, he is not entitled to seek relief. (Doc. 8). Petitioner has not filed a statement in opposition, and his time to do so has passed. See (Doc. 6 p. 2, requiring Petitioner to file any traverse within 30 days of Respondent’s response to the petition – here, a motion to dismiss). For the reasons set forth below, Respondent’s motion…

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