Ciolli

(HC) Gomez v. Ciolli

Good Law
United States District Court, Eastern District of CaliforniaMarch 11, 20211:21-cv-00207California799 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE GOMEZ, No. 1:21-cv-00207-JLT (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v. FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

ANDREW CIOLLI, Warden, U.S.P. HABEAS CORPUS Atwater, Respondent. [TWENTY-ONE DAY DEADLINE] 16 On February 19, 2021, Petitioner filed the instant petition. He is in the custody of the Bureau of Prisons (“BOP”) at the United States Penitentiary located in Atwater, California. He challenges the computation of his federal sentence by the BOP. The petition is unexhausted. Therefore, the Court will recommend the petition be DISMISSED without prejudice. DISCUSSION I. Exhaustion Before filing a petition for writ of habeas corpus, a federal prisoner challenging any circumstance of imprisonment must first exhaust all administrative remedies. Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir. 1986);…

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