(HC) Calzada v. B.M. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN CALZADA, No. 1:22-cv-01471-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS1
v. (Doc. No. 10) 14 B.M. TRATE, Warden of SCP Atwater, 15 Respondent. 16 Petitioner Martin Calzada (“Petitioner”), a federal prisoner, initiated this action on November 14, 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 apply “all” his First Step Act (FSA) Earned Time Credits (ETC) and seeks an order “directing the BOP to apply FSA ETCs towards the maximum amount of reduction in sentence and any remaining ETC’s to be applied toward maximum amount of ‘pre-release custody’ such as home-confinement or halfway house.” (Doc. No. 1 at 3); see 18 U.S.C. § 3632(d)(4)(A), (C)…