(HC) Henry v. Warden of USP Atwater

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DREW JOSEPH HENRY, Case No. 1:24-cv-01578 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING THE PETITION FOR WRIT OF

WARDEN, USP-ATWATER, HABEAS CORPUS, AND DIRECTING

CLERK OF COURT TO ENTER JUDGMENT

Respondent. AND CLOSE CASE

(Docs. 6, 8) Drew Joseph Henry 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. Respondent moved to dismiss the complaint, asserting that contrary to Petitioner’s assertions, records from the Bureau of Prisons indicate Petitioner “is eligible to earn and apply” First Step Act time credits. (Doc. 6 at 2.) Thus, Respondent contends “there is no case or controversy” for the Court to adjudicate. (Id.) The assigned magistrate judge reviewed the provided BOP exhibits and found that 23 …