Smith v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GARY L. SMITH,

Case No. 23-cv-00016 BLF (PR) Petitioner, ORDER GRANTING v. RESPONDENT’S MOTION TO DISMISS; DENYING

CERTIFICATE OF

UNITED STATES OF AMERICA, APPEALABILITY

Respondent.

17 On January 3, 2023, Petitioner, a former federal prisoner, filed in pro se a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging the loss of 14 days of “good conduct time” based a due process violation. Dkt. No. 1. Finding the petition stated a cognizable due process claim, the Court ordered Respondent to show cause why the writ should not be granted. Dkt. No. 12. Respondent filed an answer in which they move to dismiss the petition on various grounds. Petitioner did not file a response although given an opportunity to do so. 25 BACKGROUND Petitioner is a former BOP inmate who was convicted…