(HC)Heath

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RANDALL HEATH, No. 1:22-cv-01529-HBK (HC) Petitioner, OPINION AND ORDER GRANTING

RESPONDENT’S MOTION TO DISMISS1

v. (Doc. No. 8)

WARDEN, FCI MENDOTA,

15 Respondent. 16 Petitioner Randall Heath (Petitioner or Heath), a federal inmate, initiated this action on November 28, 2022 by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241, while he was incarcerated at Federal Correctional Institution (FCI) Mendota, located in Fresno County, California, which is within the venue and jurisdiction of this Court. (Doc. No. 1, Petition). The Petition raises two claims: (1) the Bureau of Prisons (BOP) violated the First Step Act of 2018 because it refuses to permit inmates to earn and apply times credits toward their sentences if they decline to participate in evidence-based recidivism reduction programs or productive activities recommended by BOP staff; and (2) the BOP failed to calculated Petitioner’s sentence accurately because his current…