Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAMON VINCENT JOBIN, No. 1:23-cv-01700-WBS-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY IN PART AND GRANT IN

v. PART RESPONDENT’S MOTION TO

DISMISS

WARDEN, FCI-MENDOTA, [Doc. 7] Respondent. 16 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. He filed the instant petition on December 8, 2023. (Doc. 1.) Petitioner claims the Bureau of Prisons (“BOP”) has wrongly determined the commencement of his credit earning ability under the First Step Act (“FSA”). He also claims the BOP wrongly disallowed 333 program days under the First Step Act from being applied to his sentence. On February 12, 2024, Respondent filed a motion to dismiss the petition. (Doc. 7.) Respondent contends the petition should be dismissed for failure to exhaust, and alternatively, the petition should be denied on the merits. Petitioner…