Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAGOBERTO LOPEZ FLOREZ, No. 1:23-cv-00307-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS1

v. (Doc. No. 8)

WARDEN, FCI MENDOTA,

15 Respondent. 16 Petitioner Dagoberto Lopez Florez (“Petitioner”), a former federal inmate, is proceeding pro se on his 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. 1, “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) (providing that time credits earned from completion of evidence-based recidivism reduction…