Trate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FAUSTO DIAZ-LOZANO, No. 1:22-cv-01027-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS1

v. (Doc. No. 13) 14 B.M. TRATE, Warden, 15 Respondent. 16 Petitioner Fausto Diaz-Lozano (“Petitioner”), a federal prisoner, initiated this action on August 15, 2022, by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241 while he was incarcerated at United States Penitentiary (“USP”) Atwater, located in Merced County, California, which is within the venue and jurisdiction of this Court. (Doc. No. 1, “Petition”). The Petition claims the Bureau of Prisons (“BOP”) “failed to timely calculate and apply First Step Act (FSA) Earned Time Credits (ETC) which is holding Mr. Diaz-Lozano [sic] transfer to home confinement or halfway house under pertinent authorities and policies. If and when the BOP properly applies all earned FSA credits through the present, Mr. Diaz-Lozano [sic] date should move up substantially and be eligible for Residential…