Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MAIKEL HERRERA, Case No. 1:22-cv-01159-ADA-CDB (HC)

Petitioner, ORDER TO SHOW CAUSE IN WRITING

WHY THE PETITION SHOULD NOT BE

v. DISMISSED FOR FAILURE TO EXHAUST

REMEDIES AND MOOTNESS

WARDEN, FCI-MENDOTA, 14-DAY DEADLINE Defendants.

16 17 Petitioner Maikel Herrera was a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, filed August 10, 2022. (ECF No. 1). According to the Petition, he is serving a 44-month sentence imposed by the District Court for the Southern District of Florida. (Id.) Petitioner seeks relief under the First Step Act of 2018 (18 U.S.C. § 3632) in the form of at least 12 months of earned time credits for which he claims entitlement. (Id.) Respondent filed a Motion to Dismiss on January 11, 2023. (ECF No. 12). As of the date of this order, no opposition has been filed, and Petitioner’s time to oppose has passed. Background …