(HC)Perlaza

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUBEN DARIO PERLAZA, Case No. 1:24-cv-0693 JLT EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING THE PETITION, AND

WARDEN, F.C.I. MENDOTA, DIRECTING CLERK OF COURT TO ENTER

JUDGMENT AND CLOSE CASE

Respondent. (Docs. 15, 26) 16 Ruben Dario Perlaza 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 because he has an immigration detainer.” (Doc. 1 at 6.) Respondent moves to dismiss the petition, arguing Petitioner did not exhaust his administrative remedies and that Petitioner is “jurisdictionally and statutorily barred from [First Step Act earned…