Opinion
C23-937-JHC-MLP
09-05-2023
ASHOKKUMAR PATEL, Petitioner, v. H. BARRON, et al., et al., Respondents.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
JOHN H. CHUN UNITED STATES DISTRICT JUDGE
The Court, having reviewed Petitioner's petition for writ of habeas corpus (dkt. # 1), Respondents' response thereto (dkt. # 10), the Report and Recommendation of Michelle L. Peterson, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Petitioner's petition for writ of habeas corpus (dkt. # 1) is GRANTED.
(3) Respondents are DIRECTED to recalculate Petitioner's First Step Act time credits to include his eligibility for credits beginning on December 15, 2022, and to release Petitioner on the date established by that recalculation.
(4) The Clerk is directed to send copies of this Order to all counsel of record and to Judge Peterson.