Taimoor Zaman v. Bryan Birkholz

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

TAIMOOR ZAMAN, Case No. CV 23-0177-MWF (PD)

Petitioner

ORDER ACCEPTING REPORT

v. AND RECOMMENDATION OF

UNITED STATES MAGISTRATE

BRYAN BIRKHOLZ, Warden, JUDGE Respondent.

16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the relevant records on file, the briefing from the parties including the supplemental submissions, and the Report and Recommendation of the United States Magistrate Judge recommending the Petition be dismissed without prejudice (“Report,” Docket No. 15). Preliminarily, the Court notes that Petitioner does not object to the primary basis of the Report’s recommendation: that Petitioner is statutorily barred from applying First Step Act (“FSA”) credits to his sentence. (Docket No. 15 at 3-5). Petitioner’s failure to refute that determination is fatal to his objections and the Petition. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (“The statute [pertaining to …