(HC) Argueta v. Warden, FCI Mendota

Good Law
United States District Court, Eastern District of CaliforniaSeptember 5, 20231:23-cv-00455California757 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

YUNIOR ARGUETA, Case No. 1:23-cv-00455-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

WARDEN, FCI MENDOTA, (ECF No. 8) Respondent.

ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

17 Petitioner Yunior Argueta is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons stated herein, the undersigned recommends granting Respondent’s motion to dismiss and dismissing the petition as moot. I. BACKGROUND In the petition, Petitioner challenges a Federal Bureau of Prisons’ (“BOP”) policy of refusing to allow prisoners with immigration detainers or unresolved immigration status to earn First Step Act (“FSA”) Time Credits (“FTCs”) and/or apply FTCs. (ECF No. 1.) Petitioner requests the Court order “BOP to immediately…

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