(HC) McKenzie-Gainza v. FCI Mendota Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SILVIO MCKENZIE-GAINZA, Case No. 1:23-cv-00187-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS AS MOOT

FCI MENDOTA WARDEN, (ECF No. 10) Respondent.

ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

JUDGE

18 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND In the petition, Petitioner asserts that the Federal Bureau of Prisons (“BOP”) is unlawfully excluding Petitioner from applying his First Step Act (“FSA”) earned time credits (“FTCs”). (ECF No. 1 at 6.)1 Respondent has moved to dismiss the petition, asserting (among other grounds) that there is no case or controversy because Petitioner has been awarded FTCs that have been applied and resulted in an advanced release date from BOP…