Thompson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOUGLAS TRAN, No. 2:21-cv-1707 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS PAUL THOMPSON, Respondent.

17 Petitioner, a federal prisoner proceeding without counsel, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Petitioner claims he is entitled to relief under the First Step Act of 2018 in the form of additional sentence credits. Specifically, petitioner alleges he has accrued earned time credits which the Bureau of Prisons (“BOP”) has not applied to his sentence. Respondent filed a response and motion to dismiss. (ECF No. 9.) Respondent argues the petition should be dismissed based on lack of Article III standing and ripeness, lack of jurisdiction, petitioner’s failure to exhaust his administrative remedies, and because there is no statutory authority to compel the Bureau of Prisons to perform a discretionary act. Petitioner filed an opposition to the motion to dismiss. (ECF No.…