2:25-cv-01203•Godoy v. Gunther
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Paul Godoy, Petitioner, v. Jason Gunther, Respondent. No. CV- 25-01203-PHX-JJT (ESW) REPORT AND RECOMMENDATION TO THE HONORABLE JOHN J. TUCHI, UNITED STATES DISTRICT JUDGE: On July 29, 2022, Petitioner was sentenced in the United States District Court for the Southern District of California to a 72-month term of imprisonment for felon in possession of a firearm and distribution of methamphetamine and aiding/abetting in violation of federal law. (Doc. 11-2 at 12.) On August 26, 2022, Petitioner was committed to the custody of the Federal Bureau of Prisons. (Id.) Petitioner’s projected release date is February 27, 2027. (Id.) Pending before the Court are Petitioner’s “Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241” (the “Petition”) (Doc. 1) and Respondent’s Return and Answer (Doc. 11) that requests dismissal of this matter. For the reasons explained herein, the undersigned recommends that the Court dismiss the Petition without prejudice. I. DISCUSSION The Petition concerns the First Step Act of 2018 (“FSA”), which provides a means Case 2:25-cv-01203-JJT Document 12 Filed 11/04/25 Page 1 of 5
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for federal inmates to earn time credits to be applied toward their sentences.1 In its August 21, 2025 Screening Order (Doc. 5), the Court dismissed Ground One of the Petition and required Respondent to answer Ground Two. Ground Two asserts that Petitioner is entitled to receive earned time credits from the date his sentence was imposed. (Doc. 1 at 8.) On September 15, 2025, Respondent filed its Return and Answer (Doc. 11). Respondent recounts that Petitioner’s projected release date is February 27, 2027. As of July 25, 2025, Petitioner has earned 340 total days of FSA time credits. (Doc. 11-2 at 7, ¶ 24.) Respondent asserts that the Court should dismiss the Petition as unripe because Petitioner’s “remaining term of imprisonment exceeds his [earned time credits]” and Petitioner therefore “is not eligible to have those [earned time credits] applied to his sentence computation[.]” (Doc. 11 at 17.) Petitioner did not file a Reply and the time to do so has passed. Article III of the United States Constitution limits the jurisdiction of federal courts to “actual, ongoing cases or controversies.” Lewis v. Continental Bank Corp., 494 U.S. 472, 477 (1990). Two components of the Article III case-or-controversy requirement are the “closely related” concepts of standing and ripeness. Bova v. City of Medford, 564 F.3d 1093, 1095-96 (9th Cir. 2009) (citing Colwell v. Dep’t of Health & Human Servs., 558 F.3d 1112, 1121, 1123 (9th Cir. 2009)). To have standing, a plaintiff must have suffered an injury in fact that is “concrete and particularized,” that can be fairly traced to the defendant’s action, and that can be redressed by a favorable decision of the court. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). “While standing is primarily concerned with who is a proper party 1 The FSA created an evidence-based recidivism reduction program that incentivizes inmates to participate in and complete programs and productive activities by awarding them certain time credits. 18 U.S.C. § 3632(d)(4). To apply these earned time credits, the Bureau of Prisons (“BOP”) was required to develop a risk and needs assessment system within 210 days after enactment of the FSA. 18 U.S.C. § 3632(a). On January 19, 2022, the BOP implemented its final agency rules regarding the earning and awarding of time credits under the FSA. See 87 Fed. Reg. 2,705-01, 2022 WL 159155 (codified at 28 C.F.R. §§ 523.40-523.44). Case 2:25-cv-01203-JJT Document 12 Filed 11/04/25 Page 2 of 5
- 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to litigate a particular matter, ripeness addresses when litigation may occur.” Lee v. Oregon, 107 F.3d 1382, 1387 (9th Cir. 1997) (emphasis in original). “[I]n many cases, ripeness coincides squarely with standing’s injury in fact prong.” Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134, 1138 (9th Cir. 2000) (en banc). “[B]ecause the focus of [the] ripeness inquiry is primarily temporal in scope, ripeness can be characterized as standing on a timeline.” Id. For example, “[a] claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all.” Texas v. United States, 523 U.S. 296, 300 (1998) (quoting Thomas v. Union Carbide Agric. Prods. Co., 473 U.S. 568, 580-81 (1985) (internal quotation marks omitted)). “If the contingent events do not occur, the plaintiff likely will not have suffered an injury that is concrete and particularized enough to establish the first element of standing.” Bova, 564 F.3d at 1096 (citing Lujan, 504 U.S. at 560). The ripeness doctrine is designed “to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.” Nat’l Park Hosp. Ass’n v. Dep’t of Interior, 538 U.S. 803, 807- 08 (2003) (quoting Abbott Labs. v. Gardner, 387 U.S. 136, 148-49 (1967)). Under 18 U.S.C. § 3624(g)(1)(A), earned time credits can be applied toward prerelease custody or supervised release only when accumulated credits are equal to the remainder of the prison term. See also Tumbaco v. Birkholz, No. 2:23-CV-10663-FMO- AJR, 2024 WL 4744025, at *2 (C.D. Cal. Oct. 9, 2024) (explaining that where “a prisoner alleges they were denied time credits under the FSA, the ripeness requirement is not met until favorable disposition of their claim would result in immediate release”). Petitioner has a projected release date of February 27, 2027, approximately 480 days from the date of this Report and Recommendation. (Doc. 11-2 at 12.) Petitioner’s accrued earned time credits of approximately 340 days are not equal to the remainder of Case 2:25-cv-01203-JJT Document 12 Filed 11/04/25 Page 3 of 5
- 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 his prison term.2 (Doc. 11-2 at 7, ¶ 24.) Respondent therefore correctly asserts that Petitioner is yet not eligible for application of the earned time credits and the Petition is not ripe. (Doc. 11 at 15-16.) Petitioner has failed to establish an “immediate injury” that would be redressed by the relief that he seeks. See Ford v. Chapman, 371 F. App’x 513, 514 (5th Cir. 2010) (finding that regardless of whether § 2241 petitioner’s release date was computed on the basis of the BOP’s interpretation of the good time credit statute or the petitioner’s interpretation, the petitioner’s release was not imminent and the petitioner therefore “failed to establish an ‘immediate injury’ that would be redressed by the relief that she seeks”); Markley v. James, No. 21-3067-JWL, 2021 WL 1736859, at *4 (D. Kan. May 3, 2021) (denying § 2241 petition where the petitioner failed to show current eligibility for the application of credits under the FSA); Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (finding lack of subject matter jurisdiction over § 2241 petitioner’s claim challenging the BOP’s calculation of good time credits where the petitioner did not claim that he was eligible for immediate release, describing the claim as “temporally distant and speculative nature” and explaining that the claim was not ripe because the prisoner had not established that he would sustain immediate injury that could be redressed by the relief requested); Rubinov v. Pliler, No. 21-CV-4397 (LJL), 2021 WL 5567826, at *5 (S.D.N.Y. Nov. 29, 2021) (finding that § 2241 petitioner’s claim asserting applicability of FSA time credits was ripe as the petitioner was asserting that he “is currently being imprisoned when in fact he should not be,” but noting that “if a petitioner were seeking to having time credits applied so that his projected release date would be moved up to another temporally distant date, that would be another matter”). It is recommended that the Court grant Respondent’s request (Doc. 11 at 1) to dismiss the Petition (Doc. 1) without prejudice. 2 To reiterate, the 340-day calculation is as of July 25, 2025. (Doc. 11-2 at 7, ¶ 24.) Even assuming arguendo that Petitioner has accrued additional earned time credits since that date (ten days of earned time credits per thirty days served), Petitioner is still well below the statutory threshold needed for release. 28 C.F.R § 523.42(c)(1) (“For every thirty-day period that an eligible inmate has successfully participated in EBRR Programs or PAs recommended based on the inmate’s risk and needs assessment, that inmate will earn ten days of FSA Time Credits.”). Case 2:25-cv-01203-JJT Document 12 Filed 11/04/25 Page 4 of 5
- 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. CONCLUSION Based on the foregoing, IT IS RECOMMENDED that the Court grant Respondent’s request (Doc. 11 at 1) to dismiss the Petition (Doc. 1) without prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District Court’s judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure to file timely objections to the Magistrate Judge’s Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Failure to file timely objections to any factual determinations of the Magistrate Judge may be considered a waiver of a party’s right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge’s recommendation. See Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007). Dated November 4, 2025. Honorable Eileen S. Willett United States Magistrate Judge Case 2:25-cv-01203-JJT Document 12 Filed 11/04/25 Page 5 of 5
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