(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, ORDER DIRECTING CLERK OF COURT TO

CLOSE CASE AND ADJUST THE DOCKET TO

v. REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(1)(A)(i) OF THE FCI MENDOTA WARDEN, FEDERAL RULES OF CIVIL PROCEDURE

Respondent. (Doc. 22)

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 on February 6, 2023. (Doc. 1). 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 September 13, 2023, Respondent filed a motion to dismiss. (Doc. 19). Petitioner did not file a response to Respondent’s motion to dismiss. On October 10, 2023, the Undersigned issued findings and recommendations to grant Respondent’s motion to dismiss…