(HC) Del Pino v. Warden, FCI Mendota

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIME FERNANDEZ DEL PINO, No. 1:22-cv-01434-HBK (HC) Petitioner, OPINION AND ORDER GRANTING

RESPONDENT’S MOTION TO DISMISS

v. AND DISMISSING PETITION1

(Doc. No. 9)

WARDEN, FCI MENDOTA,

15 Respondent. 16 Petitioner Jaime Fernandez Del Pino (“Petitioner”), a former federal inmate, initiated this action on November 8, 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 challenges the execution of Petitioner’s sentence. (Id. at 4). Specifically, the Petition raises one claim: the Bureau of Prisons (“BOP”) erroneously deemed him “ineligible” and failed to award Petitioner earned time credits, thereby violating the First Step Act. (Doc. No. 1 at 7); see 18 U.S.C. §…