(HC) Olguin-Hernandez v. Warden, F.C.I. Mendota

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN OLGUIN-HERNANDEZ, Case No. 1:23-cv-1088 JLT SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

13 RESPONDENT’S MOTION TO DISMISS, v. DISMISSING PETITION FOR WRIT OF 14 HABEAS CORPUS, AND DIRECTING

WARDEN, FCI-MENDOTA, CLERK OF COURT TO ENTER JUDGMENT

15 AND CLOSE CASE Respondent. 16 (Docs. 10, 18)

17 18 Juan Olguin-Hernandez is a federal prisoner proceeding pro se and in forma pauperis with 19 a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts that he 20 “earned time credits (‘ETCs’) which, under the First Step Act, entitle him to immediate transfer 21 into supervised release or pre-release custody, however, the BOP refuses to enable him to apply 22 his ETCs because he has an immigration detainer….” (Doc. 1 at 6.) Respondent moves to 23 dismiss the petition, arguing…