Robin Christain DiMaggio v. B. Birkholz

Case 2:22-cv-05223-FLA-RAO Document Filed 11/08/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No.: CV 22-05223-FLA (RAO) Date: November 8, 2022 Title: Robert Christian DiMaggio v. B. Birkholz

Present: The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE

Donnamarie Luengo N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent:

N/A N/A

Proceedings: (In Chambers) ORDER TO SHOW CAUSE RE: MOOTNESS On July 28, 2022, Petitioner filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody pursuant to 28 U.S.C. 2241. Dkt. No. 1. The Petition claims that the Bureau of Prisons (“BOP”) has refused to calculate and apply First Step Act earned time credits. Petition at 3. On October 17, 2022, Respondent filed a Motion to Dismiss. Dkt. No. 7. Respondent contends that the Court lacks jurisdiction over the Petition because it is largely moot in light of Petitioner’s anticipated release in October 2022. Motion at 3. Respondent also contends that…