Arviza

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CRISTIAN STEVE HERAS MORALES, ) Case No.: 1:23-cv-1283 JLT EPG ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS IN PART, DENYING v. ) THE PETITION FOR WRIT OF HABEAS ) CORPUS, TERMINATING THE MOTION TO M. ARVIZA, ) DISMISS AS MOOT, AND DIRECTING THE ) CLERK OF COURT TO CLOSE THE CASE Respondent. ) ) (Docs. 1, 15, and 25) )

Cristian Steve Heras Morales is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, asserting that the Federal Bureau of Prisons is withholding proper application of jail credit. (Doc. 1.) Respondent moved to dismiss the petition for failure to exhaust, while also arguing the petition should be denied on the merits. (Doc. 15.) The magistrate judge “assum[ed], without deciding, that Petitioner’s failure to properly exhaust administrative remedies can be excused” and turned to the merits of…