(HC) Solis-Torres v. FCI Mendota Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO SOLIS-TORRES, No. 1:23-cv-0358 JLT SAB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

13 v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

14 FCI MENDOTA WARDEN, HABEAS CORPUS, AND DIRECTING THE

CLERK OF COURT TO CLOSE CASE

15 Respondent. (Docs. 10, 21) 16

17 Francisco Solis-Torres is a federal prisoner proceeding pro se with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts that he “earned time credits which, 19 under the First Step Act, entitled him to immediate transfer into supervised release or pre-release 20 custody, however, the BOP refuses to enable him to apply his earned time credits because of his 21 immigration status.” (Doc. 1 at 6.) Respondent moves to dismiss the petition, arguing Petitioner 22 did not exhaust his administrative remedies and that he is “jurisdictionally and statutorily barred 23 from [First Step Act earned time credit]…