Merlak

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MICHAEL S IOANE, ) Case No.: 1:19-cv-01251-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO STEVEN MERLAK, ) DISMISS PETITION FOR WRIT OF HABEAS Respondent. ) CORPUS ) ) [TWENTY-ONE DAY OBJECTION DEADLINE]

On September 11, 2019, Petitioner filed a petition for writ of habeas corpus in this Court. The petition indicates that Petitioner is serving a 108 month sentence, and his projected release date is February 29, 2020. (Doc. 1 at 8.) Petitioner complains that the actions of the Bureau of Prisons were arbitrary, capricious, retaliatory and deliberately indifferent when refusing to consider or refer Petitioner to the Residential Re-Entry Management or home confinement placement according to the First Step Act of 2018, S. 756, 115th Cong. (2018). (Doc. 1 at 2-3.) He contends that under the First Step…