Adriano Alain Cortez v. William O'Donnell, Warden

Summary

The United States District Court for the District of South Dakota adopted a magistrate judge’s report and recommendation, as supplemented, and granted the respondent’s motion for summary judgment in Adriano Cortez’s 28 U.S.C. § 2241 habeas petition. The court held that Cortez was not similarly situated to inmates who were permitted to earn First Step Act time credits because his sentencing court had classified him as an organizer, leader, manager, or supervisor of criminal activity. The court dismissed the petition, overruled Cortez’s objections, and denied a certificate of appealability.

Holdings

1. Cortez failed to show that the six inmates who earned First Step Act time credits were similarly situated to him, and the record therefore presented no genuine issue of material fact concerning differential treatment.
2. The magistrate judge adequately analyzed Cortez's equal protection claim, and because Cortez failed to satisfy the threshold requirement of differential treatment among similarly situated individuals, no further equal protection analysis was required.
3. A certificate of appealability was denied because Cortez failed to make a substantial showing that his constitutional rights had been denied.

Questions Presented

1. Whether Cortez raised a genuine dispute of material fact concerning whether the six inmates who received First Step Act time credits were similarly situated to him for purposes of his equal protection claim.
2. Whether the magistrate judge properly applied the equal protection standard and correctly concluded that the Bureau of Prisons' denial of First Step Act time credits to Cortez was consistent with 18 U.S.C. § 3632(d)(4)(D).
3. Whether Cortez was entitled to a certificate of appealability.

Disposition

dismissed