(HC) Carrillo-Carrillo v. Warden

Filing 10

ORDER ADOPTING 9 Findings and Recommendations, DISMISSING the Petition for Writ of Habeas Corpus as Moot, and DIRECTING Clerk of Court to Close the Case, signed by District Judge Jennifer L. Thurston on 7/5/2024. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL E. CARILLO- CARILLO, Petitioner, 12 13 14 15 16 v. WARDEN, FCI-MENDOTA, Case No. 1:23-cv-1690 JLT SAB (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS AS MOOT, AND DIRECTING CLERK OF COURT TO CLOSE THE CASE (Doc. 9) Respondent. 17 18 Samuel E. Carillo-Carillo is a federal prisoner proceeding pro se and in forma pauperis 19 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner asserts that he 20 “earned time credits (‘ETCs’) which, under the First Step Act, entitle him to immediate transfer 21 into supervised release or pre-release custody, however, the BOP refuses to enable him to apply 22 his ETCs because he has an Immigration Detainer….” (Doc. 1 at 6.) 23 The magistrate judge noted it was appropriate to take judicial notice of the records of the 24 Federal Bureau of Prisons, which indicated “Petitioner was released from BOP custody on 25 January 31, 2024.” (Doc. 9 at 2.) The magistrate judge found “the Court cannot provide the 26 relief sought by the petition,” and recommended the petition be dismissed as moot. (Id., citing 27 Sila v. Warden, 2023 WL 2504476, at *2 (C.D. Cal. Feb. 13, 2023).) The Court served the 28 Findings and Recommendations on Petitioner at the only known address—FCI Mendota—and the 1 1 U.S. Postal Service returned the document as “Undeliverable, RTS- No Longer at this Address” 2 on April 26, 2024.1,2 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 4 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 are supported by the record and proper analysis. Therefore, the Court ORDERS: 6 1. 7 The Findings and Recommendations issued on April 18, 2024 (Doc. 9) are ADOPTED in full. 8 2. The petition for writ of habeas corpus is DISMISSED as moot. 9 3. The Clerk of Court is directed to close the case. 10 11 IT IS SO ORDERED. Dated: 12 July 5, 2024 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Absent notice of a party’s change of address, service of documents at the prior address of the party is fully effective. Local Rule 182(f). 2 Pursuant to Local Rule 183(b), Petitioner was required to file a notice of change of address within 63 days, or no later than June 28, 2024. However, no change of address was filed and the Court remains unable to communicate with Petitioner. 1 2

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