Opinion
Case No. 3:19-cv-01971-JE
04-09-2020
DARNELL W. MOON, Petitioner, v. JOSIAS SALAZAR, Respondent.
FINDINGS AND RECOMMENDATION
Petitioner filed this 28 U.S.C. § 2241 habeas corpus case on August 26, 2019, and amended his Petition on December 26, 2019. In his Amended Petition, Petitioner alleges that the Bureau of Prisons has not developed its risk and needs assessment tool as required by the First Step Act, failed to properly classify him under the risk and needs assessment system, and improperly refused him placement in a Residential Reentry Center. For the reasons identified in my Findings and Recommendation issued this day in Moon v. Salazar, 3:19-cv- 01370-JE, the Court: (1) retains jurisdiction to adjudicate this case; and (2) should dismiss this case without prejudice because Petitioner failed to exhaust his administrative remedies, and his contention that Bureau of Prisons officials prevented him from doing so is not credible. See Declaration of Jandi Lum (#18), p. 2.
RECOMMENDATION
For the reasons identified above, the Amended Petition for Writ of Habeas Corpus (#13) should be dismissed, and a judgment should be entered dismissing this case without prejudice.
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, then the Findings and Recommendation will go under advisement on that date.
If objections are filed, then 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.
DATED this 9th day of April, 2020.
/s/ John Jelderks
John Jelderks
United States Magistrate Judge