Warden
(HC) Rivera v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELIX RIVERA, Case No. 2:23-cv-02576-JDP (HC) Petitioner, ORDER v. DIRECTING THE CLERK OF COURT TO
ASSIGN A DISTRICT JUDGE TO THIS
WARDEN, ACTION Respondent. FINDINGS AND RECOMMENDATIONS THAT RESPONDENT’S MOTION TO
DISMISS BE GRANTED
17 ECF No. 11 18 19 Petitioner Felix Rivera, a federal prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 arguing that, under the First Step Act (“FSA”), he has earned credits that entitle him to release. ECF No. 5 at 8-9. The government has moved to dismiss the petition, arguing that petitioner is ineligible to apply the credits earned under the FSA because he is subject to a final order of removal. ECF No. 11 at 3. Petitioner has filed an opposition. ECF No. 13. After review of the pleadings, I recommend that the government’s motion to dismiss be granted. 27 28 No habeas rule…