(HC) Henry v. Warden of USP Atwater
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DREW JOSEPH HENRY, No. 1:24-cv-01578-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
WARDEN, USP-ATWATER, TO GRANT RESPONDENT’S MOTION
TO DISMISS
Respondent. [Doc. 6]
17 Petitioner 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. On December 23, 2024, Petitioner filed the instant habeas petition. (Doc. 1.) On March 4, 2025, Respondent filed a motion to dismiss the petition. (Doc. 6.) Respondent seeks dismissal because Petitioner has been granted the relief he sought, to wit, the BOP has determined him eligible to earn and apply First Step Act (“FSA”) time credits to his sentence. Petitioner did not file an opposition. Having reviewed the pleadings, the Court will recommend that Respondent’s motion to dismiss be GRANTED. DISCUSSION I. …