Summary
The United States District Court for the Eastern District of California adopted the magistrate judge's findings and recommendations and dismissed Moises Frias-Guevara's 28 U.S.C. § 2241 petition without prejudice as moot. The petition challenged the Bureau of Prisons' denial of First Step Act earned time credits based on an immigration detainer, and the court directed the clerk to close the case.
Holdings
- The petition was dismissed without prejudice as moot.
- No certificate of appealability was required because the petition was brought under § 2241 and the challenged detention did not arise from a process issued by a state court.
Questions Presented
- Whether the petition for a writ of habeas corpus under 28 U.S.C. § 2241 should be dismissed as moot.
- Whether a certificate of appealability was required for this § 2241 petition.
Disposition
dismissed
Cases Cited (2)
- Porter v. Adams, 244 F.3d 1006, 1006-07 (9th Cir. 2001)(followed)
- Forde v. U.S. Parole Comm'n, 114 F.3d 878, 879 (9th Cir. 1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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