White

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

OSVALDO CISNEROS-GUTIERREZ, Case No. 1:21-cv-00441-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS WITHOUT

D.K. WHITE, PREJUDICE

Respondent. ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT COURT JUDGE

15 Petitioner Osvaldo Cisneros-Gutierrez is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenges the failure to apply his earned time credits to his sentence under the First Step Act. Given that the claim is not ripe, the undersigned recommends that the petition be dismissed without prejudice. I. BACKGROUND On June 8, 2006, Petitioner was convicted of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine in the United States District Court for the Northern District of Texas. (ECF No. 8-2…