(HC)Malit

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ALFRED MALIT, Case No. 2:21-cv-01228-JAM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED PAUL THOMPSON, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 6 15 Petitioner Alfred Malit, a federal prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. He argues that he is entitled to release under the First Step Act of 2018 (“FSA”). Id. at 2. Respondent has filed a motion to dismiss, ECF No. 6, and petitioner has filed an opposition, ECF No. 7. Respondent has not filed a reply, and the deadline for doing so has passed. For the reasons stated below, I recommend that respondent’s motion be granted. No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically provided for in the…