Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a federal prisoner’s 28 U.S.C. § 2241 habeas action. The court granted the respondent’s motion to dismiss based on the Bureau of Prisons’ calculation of applicable time credits and the petitioner’s failure to exhaust administrative remedies, dismissed the petition with prejudice, and closed the case.
Holdings
- After conducting de novo review, the district court found the magistrate judge's findings and recommendations supported by the record and proper analysis and adopted them.
- The court granted respondent's motion to dismiss and dismissed the § 2241 petition with prejudice.
- No certificate of appealability was required because the petition arose under § 2241 and the challenged detention did not arise from process issued by a state court.
Questions Presented
- Whether the magistrate judge's recommendation to grant respondent's motion to dismiss and dismiss the § 2241 petition should be adopted after de novo review.
- Whether the petition should be dismissed based on the grounds identified in respondent's motion, including the Bureau of Prisons' calculation of time credits and petitioner's failure to exhaust administrative remedies.
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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