(HC)Perez-Valencia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MAYEL PEREZ-VALENCIA, Case No. 1:23-cv-1123 JLT SAB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING THE PETITION FOR WRIT OF

WARDEN, HABEAS CORPUS, AND DIRECTING THE

CLERK OF COURT TO CLOSE THE CASE

Respondent. (Docs. 8, 19) 16 Mayel Perez-Valencia 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 with a box checked.” (Doc. 1 at 6.) Respondent moves to dismiss the petition, arguing “Petitioner did not exhaust his administrative remedies” and that he is “jurisdictionally and…