Juan Manuel Simental-Lopez v. Warden, FCI Mendota

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JUAN MANUEL SIMENTAL-LOPEZ, Case No. 1:25-cv-00303-EPG-HC

Petitioner, ORDER DIRECTING RESPONDENT TO

FILE DOCUMENTATION REGARDING

v. PETITIONER’S FIRST STEP ACT

CREDITS

WARDEN, FCI MENDOTA, Respondent.

16 Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondent has moved to dismiss the petition, arguing inter alia that “[t]he relief demand is not ripe for adjudication because it rests upon contingent future events (e.g., earning ETCs that may be applied when his classification level permits) that may not occur as anticipated, or indeed may not occur at all.” (ECF No. 8 at 3.) “When applying ripeness principles to habeas petitions seeking early release for earned FSA time credits, ‘[f]ederal courts around the country read Section 3624(g)(1)(A) to mean that the BOP is permitted to apply time credits only once an inmate has earned enough [credits] that equal the remainder of her…