Thompson

(HC) Chaidez-Alvarez v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaJune 30, 20222:21-cv-01240California2,083 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROMAN CHAIDEZ-ALVAREZ, No. 2:21-cv-01240-TLN-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS PAUL THOMPSON, Warden, Respondent. 16 Petitioner is a federal prisoner proceeding without counsel in this petition for writ of habeas corpus brought under 28 U.S.C. § 2241. ECF No. 1. The court has reviewed the petition and finds that the petition should be dismissed with leave to amend. I. Background Petitioner is confined in federal prison at FCI Herlong. ECF No. 1 at 1. He alleges that respondent has adopted a policy for the application of the “First Step Act” (18 U.S.C. §§ 3632, 3624(g)) that is contrary to the statute. Id. at 3-11. According to petitioner, lawful application of the Act would have resulted in his release on May 26, 2021 or 2022. Id. at 8-9, 22. II. The Petition A. Screening Standards for § 2241 Petitions United States District Courts have authority under 28 U.S.C. § 2241…

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