(HC) Solis-Torres v. FCI Mendota Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO SOLIS-TORRES, No. 1:23-cv-0358 JLT SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

FCI MENDOTA WARDEN, HABEAS CORPUS, AND DIRECTING THE

CLERK OF COURT TO CLOSE CASE

Respondent. (Docs. 10, 21)

Francisco Solis-Torres is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts that he “earned time credits which, under the First Step Act, entitled him to immediate transfer into supervised release or pre-release custody, however, the BOP refuses to enable him to apply his earned time credits because of his immigration status.” (Doc. 1 at 6.) Respondent moves to dismiss the petition, arguing Petitioner did not exhaust his administrative remedies and that he is “jurisdictionally and statutorily barred from [First Step Act earned time credit]…