(HC) McKenzie-Gainza v. FCI Mendota Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SILVIO MCKENZIE-GAINZA, No. 1:23-cv-0187 JLT SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

FCI MENDOTA WARDEN, HABEAS CORPUS, AND DIRECTING

CLERK OF COURT TO CLOSE CASE

Respondent. (Docs. 10, 12) 16 Silvio McKenzie-Gainza is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts the Bureau of Prisons failed to apply Petitioner’s earned time credits properly under the First Step Act. (Doc. 1 at 6.) Respondent moved to dismiss, asserting there is no case or controversy because Petitioner credits have been applied, which resulted in an advanced release date from BOP custody. (Doc. 10 at 3.) The assigned magistrate judge found, “the record establishes Petitioner is eligible to apply [time credits], which has resulted in an advanced projected release…