Trate

(HC) Diaz-Lozano v. Trate

Good Law
United States District Court, Eastern District of CaliforniaAugust 11, 20231:22-cv-01027California874 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FAUSTO DIAZ-LOZANO, No. 1:22-cv-01027-HBK (HC) Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED AS MOOT

v.

FOURTEEN-DAY DEADLINE B.M. TRATE, Warden, 15 Respondent. 16 Petitioner Fausto Diaz-Lozano (“Petitioner”), a federal prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241 on August 15, 2022, while he was incarcerated at United States Penitentiary (“USP”) Atwater, located in Merced County, California, which is within the venue and jurisdiction of this Court. (Doc. No. 1, “Petition”). The Petition challenges the execution of Petitioner’s sentence. (Id.). Specifically, the Petition claims the Bureau of Prisons (“BOP”) has “failed to timely calculate and apply First Step Act (FSA) Earned Time Credits (ETC) which is holding Mr. Diaz-Lozano [sic] transfer to home confinement or halfway house under pertinent authorities and policies. If and when the 25 …

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