Warden

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

Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED AND

DISMISSING § 2241 PETITION

WARDEN, FCI-MENDOTA, WITHOUT PREJUDICE

Respondent. (Docs. 1, 12)

14-DAY DEADLINE

17 Petitioner, a former federal prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petition challenges the Federal Bureau of Prisons (“BOP”)’s calculation of his earned time credits. (Doc. 1). Respondent filed a motion to dismiss on January 11, 2023. (Doc. 12). The motion seeks dismissal on two, independent grounds: (1) lack of standing and ripeness under Article III, U.S. Constitution, and (2) failure to exhaust administrative remedies. (Id. at 2-3). Petitioner failed to timely oppose or respond to Respondent’s motion to dismiss. On April 21, 2023,…