Opinion
CV 24-710-SPG(E)
04-15-2024
MISAEL GARCIA CARRANZA Petitioner, v. WARDEN, FCC-LOMPOC LOW II, Respondents.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable Sherilyn Peace Garnett, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.
PROCEEDINGS
On January 19, 2024, Petitioner commenced this action by filing a document entitled “Motion Pursuant to U.S.C. § 2241 Seeking Application of Earned Federal Time Credits Through the First Step Act (F.S.A.)” (“the Petition”). The Petition seeks an order that the Bureau of Prisons apply toward Petitioner's term of imprisonment 365 days of time credits Petitioner assertedly has earned (Petition at 2). On March 1, 2024, Respondent filed a “Motion to Dismiss.” Petitioner failed to file a timely response to the Motion to Dismiss, despite a Court order that he do so. See Minute Order, filed March 4, 2024.
DISCUSSION
On May 30, 2023, the United States District Court for the Eastern District of California sentenced Petitioner to a prison term of 168 months (Exhibit A to Motion to Dismiss). The First Step Act provides that a prisoner is not eligible for the application of time credits against prerelease custody until the prisoner “has earned time credits . . . in an amount that is equal to the remainder of the prisoner's imposed term of imprisonment.” 18 U.S.C. § 3624(g)(1)(A).
In the present case, Petitioner's “earned time credits” (even as alleged by Petitioner) are far less than “an amount that is equal to the remainder of [Petitioner's] imposed term of imprisonment.” Therefore, Petitioner is not yet eligible for the application of time credits against his prerelease custody, and the Petition should be denied and dismissed without prejudice. See id.; Urenda v. Warden, 2024 WL 946242, at *2 (E.D. Cal. Feb. 8, 2024), adopted, 2024 WL 1367911 (E.D. Cal. Apr. 1, 2024) (where the prisoner's “accrued credits are not equal to the remainder of his prison term,” the prisoner is “not eligible to apply [First Step Act] time credits . . . and the claim is unripe”); Zaman v. Birkholz, 2023 WL 8039828, at *2 (C.D. Cal. Aug. 18, 2023), adopted, 2023 WL 8025516 (C.D. Cal. Nov. 20, 2023) (dismissing prisoner's petition without prejudice because, inter alia, the prisoner had not yet earned credits equal to the remainder of the prisoner's imposed term of imprisonment).
RECOMMENDATION
For the foregoing reasons, IT IS RECOMMENDED that the Court issue an Order: (1) accepting and adopting this Report and Recommendation; and (2) directing that Judgment be entered denying and dismissing the Petition without prejudice.
NOTICE
Reports and Recommendations are not appealable to the Court of Appeals, but may be subject to the right of any party to file objections as provided in the Local Rules Governing the Duties of Magistrate Judges and review by the District Judge whose initials appear in the docket number. No notice of appeal pursuant to the Federal Rules of Appellate Procedure should be filed until entry of the judgment of the District Court.