Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAMON VINCENT JOBIN, No. 1:23-cv-01700-WBS-SKO (HC) 12 Petitioner, FINDINGS AND RECOMMENDATION

TO DENY IN PART AND GRANT IN

13 v. PART RESPONDENT’S MOTION TO

DISMISS

14 WARDEN, FCI-MENDOTA, [Doc. 7] 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2241. He filed the instant petition on December 8, 19 2023. (Doc. 1.) Petitioner claims the Bureau of Prisons (“BOP”) has wrongly determined the 20 commencement of his credit earning ability under the First Step Act (“FSA”). He also claims the 21 BOP wrongly disallowed 333 program days under the First Step Act from being applied to his 22 sentence. 23 On February 12, 2024, Respondent filed a motion to dismiss the petition. (Doc. 7.) 24 Respondent contends the petition should be dismissed for failure to exhaust, and alternatively, 25 the petition should be denied on the merits. Petitioner…