(HC) Iturbe-Gonzalez v. FCI Mendota Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ANGEL ITURBE-GONZALEZ, Case No. 1:23-cv-00178-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO DISMISS

v. AND DISMISS PETITION

FCI MENDOTA WARDEN, (Docs. 1, 19)

Respondent. 14-DAY DEADLINE 16 Clerk of Court to Assign District Judge

Petitioner Angel Iturbe-Gonzalez, (“Petitioner”) is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, filed February 6, 2023. (Doc. 1). Petitioner is currently in the custody of the Bureau of Prison (“BOP”) at the United States Penitentiary Lompoc. Id. Petitioner challenges BOP policy 5410.01, which “excludes eligible inmates including Petitioner from applying First Step Act (“FSA”) earned time credits on the basis of having a detainer.” Id. at 2. On April 13, 2013, the Court conducted a preliminary review of the petition and directed Respondent to file a response to the petition. (Doc. 5). On…