Renteria v. Warden, FCI- Herlong

Filing 2

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/18/2024 DIRECTING the Clerk to open a new 2241 Petition with the Petition previously filed in 2:22-cv-1376 CKD. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONACIANO RENTERIA,

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Petitioner,

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v.

No. 2:22-cv-01376-CKD P

ORDER

WARDEN, FCI Herlong,

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Respondent.

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Petitioner is a federal inmate who filed a new habeas corpus petition pursuant to 28 U.S.C.

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§ 2241 through counsel requesting the court to order the Bureau of Prisons to comply with the

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First Step Act and award petitioner credits that he has earned. ECF No. 33. The habeas petition

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was accompanied by the requisite $5.00 filing fee.
A review of the docket indicates that counsel erroneously filed this new habeas petition on

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the docket of his prior 2241 case. Therefore, the court will strike the newly filed § 2241

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application from the docket of this case and direct the Clerk of Court to open it as a new habeas

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corpus action. In the interests of judicial economy, the Clerk shall assign the new habeas corpus

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action to the undersigned magistrate judge. Once the new case is opened, the court will proceed

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to screen the pending § 2241 petition pursuant to Rule 4 of the Rules Governing Habeas Corpus

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Cases.

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/////

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Petitioner’s habeas corpus application (ECF No. 33) is stricken from the docket of
this case.

2. The Clerk of Court is directed to open the § 2241 petition as a new habeas corpus

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action and to apply the $5 filing fee that was submitted with the petition to the new

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case.

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3. The Clerk of Court is further directed to assign the new habeas corpus action to the
undersigned magistrate judge in the interest of judicial economy.
Dated: March 18, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/th/rent1376.2241

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