(HC) Ruiz-Palacios v. FCI Mendota Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN C. RUIZ-PALACIOS, No. 1:23-cv-00945-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
TO DISMISS PETITION FOR WRIT OF
WARDEN, F.C.I. MENDOTA, HABEAS CORPUS
15 Respondent. [TWENTY-ONE DAY DEADLINE]
17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On June 23, 2023, Petitioner filed the instant petition in this Court. He is in the custody of the Bureau of Prisons (“BOP”) at FCI-Mendota. He challenges the computation of his federal sentence by the BOP. He claims the BOP wrongfully found him ineligible to receive earned time credits under the First Step Act. The petition is unexhausted. Therefore, the Court will recommend the petition be DISMISSED without prejudice. DISCUSSION I. Exhaustion Before filing…