Dustin Joseph v. Warden, FCI-Mendota

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUSTIN JOSEPH, No. 1:25-cv-00800-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO DENY RESPONDENT’S MOTION TO

WARDEN, FCI-MENDOTA, DISMISS AND GRANT PETITION FOR

WRIT OF HABEAS CORPUS Respondent. [Doc. 9] 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. He filed the instant petition on July 2, 2025. (Doc. 1.) Petitioner claims the Bureau of Prisons (“BOP”) has wrongly determined the commencement of his credit earning ability under the First Step Act (“FSA”). On September 19, 2025, Respondent filed a motion to dismiss the petition and response. (Doc. 9.) Respondent contends the petition should be dismissed for failure to exhaust, and alternatively, that the petition should be…