Thompson

(HC) Jennings v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaMay 10, 20232:21-cv-01666California536 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOHN JENNINGS, Case No. 2:21-cv-01666-TLN-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS v. PAUL THOMPSON, Respondent. 15 Petitioner John Jennings, a federal prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. He argues that the Bureau of Prisons has failed to award him credits on the basis of which he is entitled to release under the First Step Act of 2018 (FSA). Respondent filed an answer, ECF No. 7, and petitioner never filed a response. Petitioner was released January 18, 2022. See BOP Inmate Locator https://www.bop.gov/inmateloc/. He sought immediate release from custody, ECF No. 1 at 12, and he cannot be awarded what he has already obtained. Furthermore, FSA credits cannot be applied toward a term of supervised release. See Sila v. Warden, No. EDCV 22-1632 RSWL (AS), 2023 U.S. Dist. LEXIS 43734, *4 (C.D. Cal. Feb. 2023) (“The First Step Act requires the BOP to transfer inmates to…

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