Dustin Joseph v. Warden, FCI-Mendota

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DUSTIN JOSEPH, No. 1:25-cv-00800-SKO (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

13 v.

FINDINGS AND RECOMMENDATION

14 TO DENY RESPONDENT’S MOTION TO

WARDEN, FCI-MENDOTA, DISMISS AND GRANT PETITION FOR

15 WRIT OF HABEAS CORPUS Respondent. 16 [Doc. 9] 17 18 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. § 2241. He filed the instant petition on July 2, 2025. 20 (Doc. 1.) Petitioner claims the Bureau of Prisons (“BOP”) has wrongly determined the 21 commencement of his credit earning ability under the First Step Act (“FSA”). On September 19, 22 2025, Respondent filed a motion to dismiss the petition and response. (Doc. 9.) Respondent 23 contends the petition should be dismissed for failure to exhaust, and alternatively, that the petition 24 should be…