(HC) Gutierrez v. Warden, FCI-Mendota

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE GUTIERREZ, No. 1:23-cv-00359-HBK (HC) Petitioner, OPINION AND ORDER GRANTING

RESPONDENT’S MOTION TO DISMISS

v. AND DISMISSING FIRST AMENDED

PETITION1

14 WARDEN, FCI MENDOTA, (Doc. No. 11) 15 Respondent. 16 Petitioner Jose Gutierrez (“Petitioner”), a former federal inmate, is proceeding pro se on his first amended petition for writ of habeas corpus under 28 U.S.C. § 2241, filed 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. 8, “Petition”). The Petition challenges the execution of Petitioner’s sentence. (Id. at 6). Specifically, the Petition raises one claim: the Bureau of Prisons (“BOP”) unlawfully excluded Petitioner from applying earned time credits (FTCs) due to his immigration detainer, which contravenes the First Step Act. (Id. at 6); see 18 U.S.C. § 3632(d)(4)(A), (C)…