(HC) Sapatin v. Thompson ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARC SAPATIN, No. 2:21-CV-2370-TLN-DMC-P 12 Petitioner, FINDINGS AND RECOMMENDATIONS 13 v. 14 PAUL THOMPSON, et al., 15 Respondents. 16 17 Petitioner, a federal prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2241. Pending before the Court is Respondents’ unopposed 19 motion, ECF No. 6, to dismiss the petition. 20 In their motion to dismiss, filed on March 4, 2022, Respondents contend this Court 21 lacks jurisdiction to compel the Bureau of Prisons to take discretionary action under the First Step 22 Act. See ECF No. 6. As of May 3, 2022, Petitioner had not filed an opposition and the Court 23 issued a minute order advising Petitioner that the failure to oppose could be deemed consent by 24 Petitioner to the relief requested in Respondents’ motion. See ECF No. 7; see also Local Rule 25 230(c), (l). Petitioner was granted an additional 30 days to file an opposition. To date, Petitioner 26 has not filed any opposition to Respondents’ motion, which the Court recommends be granted as 27 unopposed. 28 / / / 1 Based on the foregoing, the undersigned recommends that Respondents’ 2 || unopposed motion to dismiss, ECF No. 6, be granted. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: July 6, 2022 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28