Thompson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD HARVEY, No. 2:21-cv-01865-DAD-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

14 PAUL THOMPSON, et al., RESPONDENTS’ MOTION TO DISMISS

THIS ACTION

15 Respondents. (Doc. Nos. 6, 9) 16 17 Petitioner Richard Harvey is a federal prisoner proceeding pro se with a petition for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241, seeking his release from custody under the First 19 Step Act. (See Doc. No. 1.) The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 1, 2022, the assigned magistrate judge issued findings and recommendations 22 recommending that respondent’s motion to dismiss (Doc. No. 6) be granted due to petitioner’s 23 failure to first exhaust administrative remedies in seeking the award of additional earned time 24 credits and his failure to state a claim upon which relief can be granted under 28 U.S.C. §…