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Maldonado-Duran v. Entzel

United States District Court, C.D. California

May 2, 2017

Ivan Maldonado-Duran
v.
Cynthia Entzel

          Present: The Honorable Kenly Kiya Kato, United States Magistrate Judge.

          CIVIL MINUTES-GENERAL

         Proceedings: (In Chambers) Order to Show Cause Why This Action Should Not Be Dismissed For Failure to Exhaust Administrative Remedies [Dkt. 1]

         I.

         INTRODUCTION

         Petitioner Ivan Maldonado-Duran (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) by a Person in State Custody pursuant to 28 U.S.C. § 2241 (“Section 2241”). ECF Docket No. (“dkt.”) 1. However, it appears Petitioner has failed to fully exhaust his administrative remedies. The Court thus orders Petitioner to show cause why this action should not be dismissed for failure to exhaust administrative remedies.

         II.

         BACKGROUND

         On October 19, 2015, Petitioner, an inmate at Victorville II Federal Correctional Institution, was convicted of conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and conspiracy to possess firearms in furtherance of a drug trafficking offense in violation of 18 U.S.C. § 924(o) in the Western District of Washington. 2:14-cr-0096-JCC, Dkt. 249. Petitioner was sentenced to a term of 36 months. Id.

         On August 31, 2016, Petitioner was issued a disciplinary infraction, Incident Report # 2923623, by the Taft Private Correctional Institution, which resulted in the withholding of 27-days of good time credit. Dkt. 1, Pet. at 3, 7.

         On September 1, 2016, Petitioner filed a first appeal to the Federal Bureau of Prisons Western Regional Office and Federal Bureau of Prisons Central Office. Id. at 3.

         On October 1, 2016, Petitioner filed a second appeal to the Federal Bureau of Prisons Central Office. Id. at 4.

         On April 5, 2017, Petitioner constructively filed[1] the instant Petition. Id. at 1. Petitioner challenges the withholding of good time credit based on the disciplinary infraction issued on August 31, 2016. Id. at 2. Petitioner sets forth the following ground for relief: “The Taft Private Correctional Institution disallowed Good Time Credit of 27 days for and Incident Report for violation of Prison policy. The Taft Private Correctional Institutional Staff do not have the authority to disallow Good Time Credit.” Id. at 7.

         III.

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