(HC) Garcia v. Warden, FCI Mendota

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE A. GARCIA, Case No. 1:23-cv-00833-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS AS MOOT,

TERMINATE RESPONDENT’S MOTION

WARDEN, FCI MENDOTA, TO DISMISS, AND DENY RESPONDENT’S

SUPERSEDING MOTION TO DISMISS AS

Respondent. MOOT

(ECF Nos. 11, 13)

ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

JUDGE

19 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND In the petition, Petitioner challenges the Federal Bureau of Prisons’ policy 5410.01, “last amended 3/10/2023.” (ECF No. 1 at 2. 1) Petitioner alleges that the policy excludes inmates with immigration detainers, like Petitioner, from applying First Step Act (“FSA”) Earned Time 27 …