(HC)Bautista

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL BAUTISTA, Case No. 1:23-cv-1122 JLT SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

13 v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

14 WARDEN, FCI-MENDOTA, HABEAS CORPUS, AND DIRECTING

CLERK OF COURT TO ENTER JUDGMENT

15 Respondent. AND CLOSE CASE

16 (Docs. 10, 18) 17 18 Raul Bautista is a federal prisoner proceeding pro se and in forma pauperis with a petition 19 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts that he “earned time 20 credits (‘ETC’) which, under the First Step Act, entitle him to immediate transfer into supervised 21 release or pre-release custody, however, the BOP refuses to enable him to apply his ETC’s 22 because he has an immigration detainer….” (Doc. 1 at 6.) Respondent moves to dismiss the 23 petition, arguing Petitioner did not exhaust his administrative remedies and that he is 24 …