Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO VIVANCO-ZAMBRANO, No. 1:23-cv-01328-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS

WARDEN, FCI-MENDOTA, TO GRANT RESPONDENT’S MOTION

TO DISMISS

Respondent. [Docs. 10]

17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On September 7, 2023, Petitioner filed the instant habeas petition. (Doc. 1.) On November 30, 2023, Respondent filed a motion to dismiss the petition. (Doc. 11.) Respondent seeks dismissal because Petitioner was granted the relief he sought as the BOP has applied his earned First Step Act time credits to his sentence and he has been released from BOP custody as of November 17, 2023. Petitioner did not file an opposition. Having reviewed the pleadings, the Court will recommend that Respondent’s motion to dismiss be GRANTED. …