Robin Christain DiMaggio v. B. Birkholz

Case 2:22-cv-05223-FLA-RAO Document Filed 01/10/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No.: CV 22-05223-FLA (RAO) Date: January 10, 2023 Title: Robin 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 challenges the BOP’s refusal to calculate and apply First Step Act earned time credits. Respondent subsequently filed a Motion to Dismiss, arguing that (1) the Petition is largely moot in light of Petitioner’s anticipated pre-release in October 2022 to a Residential Reentry Center (RRC) and, in the alternative, (2) the Petition should be denied because Petitioner failed to exhaust his…