UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION BENJI MACAULAY, ) Case No. 2:25-cv-12444-AH-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY v. ) ) THE PETITION SHOULD NOT BE WARDEN, et al., ) ) DISMISSED ) 15 Respondents. ) ) 16 ) )
I. INTRODUCTION On October 20, 2025, Benji Macaulay (“Petitioner”), then a federal prisoner serving a sentence imposed in United States v. Macaulay, Case No. 2:24-cr-00083-JAK (C.D. Cal.), filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody under 28 U.S.C. § 2241 (“Section 2241”), challenging the Federal Bureau of Prisons’ failure to apply credits under the First Step Act of 2018 (“FSA”). See Macaulay v. Birkholtz, Case No. 2:25-cv- 10058-AH-JDE (C.D. Cal.) (“Prior Action”), Dkt. 1. As the record reflected that Petitioner was subject to a Final Order of Removal and consequently 28 statutorily ineligible to have FSA credits…