(HC) Jobin v. Warden ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAMON VINCENT JOBIN, No. 1:23-cv-01700-WBS-SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 (Doc. 15) 14 v. ORDER GRANTING IN PART AND DENYING IN PART RESPONDENT’S 15 MOTION TO DISMISS 16 ORDER GRANTING IN PART AND WARDEN, FCI-MENDOTA, DENYING IN PART PETITION FOR WRIT 17 OF HABEAS CORPUS AND DIRECTING Respondent. CLERK OF COURT TO ENTER JUDGMENT 18 AND CLOSE CASE 19 20 Petitioner Damon Vincent Jobin is a federal prisoner proceeding pro se and in forma 21 pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was 22 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 23 302. 24 On April 1, 2024, the assigned Magistrate Judge issued Findings and Recommendations to 25 grant in part and deny in part the petition and direct Respondent to recalculate Petitioner’s 26 sentence. (Doc. 15.) The Court served the Findings and Recommendations on the parties and 27 notified them that any objections were due within 21 days. On April 25, 2024, Respondent filed 28 objections to the Findings and Recommendations. (Doc. 16.) Plaintiff did not file objections or a 1 || reply to Respondent’s objections, and the time to do so has passed. 2 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 3 || case. Having carefully reviewed the matter, the Court concludes the Findings and 4 | Recommendations are supported by the record and proper analysis. 5 In the event a notice of appeal is filed, a certificate of appealability will not be required 6 || because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 7 | nota final order in a habeas proceeding in which the detention complained of arises out of 8 || process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); 9 || see Ojo v. INS, 106 F.3d 680, 681-682 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th 10 | Cir. 1996). 11 Based upon the foregoing, the Court ORDERS: 12 1. The Findings and Recommendations issued on April 1, 2024, (Doc. 15), are 13 ADOPTED IN FULL; 14 2. Respondent’s motion to dismiss is GRANTED IN PART and DENIED IN 15 PART; 16 3. The petition for writ of habeas corpus is GRANTED on Ground One and 17 DENIED on Ground Two; 18 4. Respondent is DIRECTED to recalculate Petitioner’s sentence utilizing 19 September 14, 2020, as the correct start date on which Petitioner became eligible 20 to begin earning FSA credits; 21 5. The Clerk of Court is DIRECTED to enter judgment and close the case, and 22 6. In the event a notice of appeal is filed, no certificate of appealability is required. 23 This order terminates the action in its entirety. 24 || Dated: May 30, 2024 Jed , . ak. AY / 25 WILLIAMB.SHUBB 26 UNITED STATES DISTRICT JUDGE 27 28