Salmonson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL LOPEZ-CORTEZ, Case No. 2:23-cv-3007-DAD-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS S. SALMONSON, Respondent. 16 17 Petitioner Raul Lopez-Cortez, a federal prisoner, filed a petition for a writ of habeas 18 corpus under 28 U.S.C. § 2241, arguing that the Bureau of Prisons has failed to properly apply 19 credits he has earned under the First Step Act (“FSA”). ECF No. 1 at 3-4. The government has 20 moved to dismiss, arguing that petitioner is ineligible to apply the credits earned under the FSA 21 because he is subject to a final order of removal. ECF No. 13 at 3. Petitioner has filed an 22 opposition, ECF No. 29, and the government has filed a reply, ECF No. 34. After review of the 23 pleadings, I recommend that the government’s motion to dismiss be granted. 24 No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. 25 Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically 26…