(HC) Jobin v. Warden

Opinion

DAMON VINCENT JOBIN, No. 1:23-cv-01700-WBS-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 15)

v. ORDER GRANTING IN PART AND DENYING IN PART RESPONDENT’S

ORDER GRANTING IN PART AND WARDEN, FCI-MENDOTA, DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING Respondent. CLERK OF COURT TO ENTER JUDGMENT

Petitioner Damon Vincent Jobin is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 1, 2024, the assigned Magistrate Judge issued Findings and Recommendations to grant in part and deny in part the petition and direct Respondent to recalculate Petitioner’s sentence. (Doc. 15.) The Court served the Findings and Recommendations on the parties and notified them that any objections were due within 21 days. On April 25, 2024, Respondent filed objections to the Findings and Recommendations. (Doc. 16.) Plaintiff did not file objections or a reply to Respondent’s objections, and the time to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. In the event a notice of appeal is filed, a certificate of appealability will not be required because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, nota final order in a habeas proceeding in which the detention complained of arises out of process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); see Ojo v. INS, 106 F.3d 680, 681-682 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996). Based upon the foregoing, the Court ORDERS: 1. The Findings and Recommendations issued on April 1, 2024, (Doc. 15), are ADOPTED IN FULL; 2. Respondent’s motion to dismiss is GRANTED IN PART and DENIED IN PART; 3. The petition for writ of habeas corpus is GRANTED on Ground One and DENIED on Ground Two; 4. Respondent is DIRECTED to recalculate Petitioner’s sentence utilizing September 14, 2020, as the correct start date on which Petitioner became eligible to begin earning FSA credits; 5. The Clerk of Court is DIRECTED to enter judgment and close the case, and 6. In the event a notice of appeal is filed, no certificate of appealability is required. This order terminates the action in its entirety. Dated: May 30, 2024 Jed , . ak. AY / UNITED STATES DISTRICT JUDGE