(HC)Rosales

(HC)Rosales v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaAugust 1, 20222:21-cv-02194California601 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO ROSALES, No. 2:21-CV-2194-TLN-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. PAUL THOMPSON, et al., Respondents. 16 Petitioner, a federal prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2241. Pending before the Court is Respondents’ motion to dismiss. See ECF No. 6. Petitioner is a federal prisoner incarcerated at the Federal Correctional Institution – Herlong. See ECF No. 1, pg. 1. Petitioner claims that he is entitled to relief under the First Step Act (FSA) of 2018 in the form of additional credits and, as a result, expedited release. See id. at 6-7. Respondents argue that the petition must be dismissed because Petitioner is statutorily ineligible for relief under the FSA even if his claim was ripe for review and properly exhausted. For the reasons discussed below, the Court agrees. / / / / / / / / / Respondents offer the following…

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