Thompson

(HC) Fair v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaJanuary 20, 20222:21-cv-00803California1,932 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE FAIR, No. 2:21-cv-0803-WBS-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS PAUL THOMPSON, Warden, Respondent. 16 Petitioner is a federal prisoner confined at FCI Herlong proceeding without counsel in this petition for writ of habeas corpus brought under 28 U.S.C. § 2241. ECF No. 1. He challenges certain Bureau of Prisons (“BOP”) policies regarding the First Step Act and the BOP’s application of the Act to its determination of his release date. Id. Respondent has filed a motion to dismiss the petition. ECF No. 7. For the reasons that follow, the motion must be granted. I. The First Step Act Enacted on December 21, 2018, the First Step Act (“FSA” or “Act”) amended 18 U.S.C. chapter 229 in several ways, including changes to existing recidivism-reduction incentives. First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194 (2018). The Act required the Attorney General (“AG”) to review the…

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