(HC) Diego Colin v. Warden

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIEGO COLIN, Case No. 1:23-cv-0127 JLT CDB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. PETITION FOR WRIT OF HABEAS CORPUS AS MOOT, AND DIRECTING THE CLERK 14 WARDEN, OF COURT TO CLOSE THIS CASE 15 Respondent. (Doc. 13) 16 17 Diego Colin proceeded with a writ of habeas corpus pursuant to 28 U.S.C. § 2241, 18 asserting that the U.S. Bureau of Prisons improperly denied him earned time credits under the 19 First Step Act. (Doc. 1.) The magistrate judge performed a preliminary review and ordered 20 Petitioner to show cause why the petition should not be dismissed, because the BOP’s records 21 indicated Petitioner was released from custody. (Doc. 11.) The U.S. Postal Service returned the 22 Court’s mail as “Undeliverable, No Longer at this Address.” 23 The magistrate judge found that “[b]ecause Petitioner has been released from custody, the 24 Court is unable to grant him the relief he seeks -- specifically, the award of ETCs that would 25 permit Petitioner to seek early release.” (Doc. 13 at 3.) Therefore, the magistrate judge found the 26 petition is moot and recommended the Court dismiss the petition. (Id., citing Munoz v. Rowland, 27 104 F.3d 1096, 1098 (9th Cir. 1997).) The Court served the Findings and Recommendations on 28 Petitioner at the only address on record. The U.S. Postal Service again returned the Court’s mail 1 | on August 11, 2025, marked “Undeliverable, No Longer at this Address.” Nevertheless, the 2 | Court’s service is deemed fully effective pursuant to Local Rule 182(f). 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of the case. 4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 | are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on July 25, 2025 (Doc. 13) are 7 ADOPTED in full. 8 2. The petition for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice 9 as moot. 10 3. The Clerk of Court is directed to close the case. 11 b IT IS SO ORDERED. 13 | Dated: _August 14, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28