Opinion
3:24-cv-00111-JE
09-06-2024
BRYANT MEDINA, Petitioner, v. ISRAEL JACQUEZ, Respondent.
FINDINGS AND RECOMMENDATION
John Jelderks, United States Magistrate Judge
Petitioner filed this 28 U.S.C. § 2241 habeas corpus case on January 18, 2024, alleging that the Bureau of Prisons (“BOP”) failed to credit all of his earned time credits under the First Step Act (“FSA”) when calculating his home detention eligibility date. See Pet. (ECF No. 1).
In October 2023, Petitioner was allegedly told his home detention eligibility date was June 2024. Id. at 8. Since that time, Petitioner claims he earned an additional 45 days of FSA credits, and states that his home detention eligibility date should therefore be recalculated to be sometime in April 2024. Id. Respondent asserts that home detention eligibility dates are recalculated monthly to include newly earned FSA credits and, as such, Petitioner's home detention eligibility date is April 19, 2024. Brieschke Decl. at 3 (ECF No. 3). Indeed, Petitioner appears to have been released from BOP custody.Accordingly, Petitioner's claim is moot because he has obtained the relief sought in the Petition. See Chon v. Hendrix, No. 3:22-CV-01239-IM, 2023 WL 4459164, at *2 (D. Or. June 21, 2023) (dismissing habeas petition as moot where petitioner had sought and received recalculation of FSA credits and release from BOP custody, and there was no further relief to be granted).
The BOP Inmate Lookup shows that Petitioner was released on May 16, 2024. https://www.bop.gov/mobile/findinmate/byname.jsp#inmateresults (last visited June 5, 2024).
RECOMMENDATION
The Court should dismiss the Petition for Writ of Habeas Corpus (#1) as moot and enter a judgment dismissing this case without prejudice. Because the action is moot, the Court should also decline to issue a certificate of appealability.
SCHEDULING ORDER
This Findings and Recommendation will be referred to a district judge. Objections, if any, are due within 17 days. If no objections are filed, the Findings and Recommendation will go under advisement on that date.
If objections are filed, a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement.