Daro Kosin v. V. Araiza-Ramirez, Warden

Summary

The United States District Court for the Central District of California accepted and adopted a magistrate judge’s report and recommendation in a federal prisoner’s 28 U.S.C. § 2241 habeas proceeding. The court considered the petitioner’s timely reply and objections but overruled them, except for correcting the report’s statement that no reply had been filed. The court upheld denial of relief concerning First Step Act earned-time credits because the Bureau of Prisons was statutorily prohibited from applying the credits based on the petitioner’s medium recidivism-risk score.

Holdings

1. A pro se prisoner's pleading is constructively filed when he gives it to prison authorities for mailing, as shown by the date he signs it; therefore, Kosin's reply signed before the court-imposed deadline was timely and had to be considered.
2. Kosin was not entitled to relief under § 2241 because the Bureau of Prisons was statutorily prohibited from applying earned credits to him while he maintained a medium recidivism-risk score.
3. A federal prisoner proceeding under § 2241 generally does not need a certificate of appealability to appeal, unless the petition is merely a disguised § 2255 petition.

Questions Presented

1. Whether the district court should consider Kosin's reply despite the report and recommendation's statement that he had not filed one.
2. Whether Kosin was entitled to First Step Act earned-time credits under the Second Chance Act and related statutory-construction arguments despite his medium recidivism-risk score.
3. Whether a federal prisoner proceeding under 28 U.S.C. § 2241 must obtain a certificate of appealability to appeal the denial of the petition.

Disposition

other