Garza Montenegro v. Yankton FPC, No. 4:2021cv04051 - Document 16 (D.S.D. 2021)

Court Description: OPINION AND ORDER granting 12 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Roberto A. Lange on 7/21/2021. (Mailed to Gerardo Garza Montenegro) (JLS)

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Garza Montenegro v. Yankton FPC Doc. 16 Case 4:21-cv-04051-RAL Document 16 Filed 07/21/21 Page 1 of 2 PageID #: 85 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION GERARDO GARZA MONTENEGRO, 4:21-CV-04051-RAL Petitioner, OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS vs. YANKTON FPC, WARDEN; Respondent. Petitioner Gerardo Garza Montenegro, an inmate at the Yankton Federal Prison Camp in Yankton, South Dakota, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. Doc. 1. On May 24, 2021, Respondent moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Doc. 12. Petitioner did not oppose the motion. Petitioner seeks to redeem earned time credits under the First Step Act(FSA). Doc. I at 8. Under the FSA,time credits may be earned by eligible prisoners who successfully complete "evidence-based recidivism reduction programming" or "productive activities." 18 U.S.C. § 3632(d)(4)(A). The Bureau of Prisons(BOP)has a phase-in period until January 15, 2022, to provide evidence-based recidivism programs and productive activities to all prisoners. Id § 3621(h)(2)(emphasis added). In Holt v. Warden, this Court held that it cannot force the BOP to apply earned time credits toward prerelease custody before January 15, 2022. 2021 WL 1925503, at *5-6(D.S.D. May 13, 2021). Thus, an inmate that seeks to have the Court compel / the BOP to apply the credits before January 15, 2022, does not have standing and his/her petition must be dismissed for lack ofsubject matter jurisdiction. See id. Here, Petitioner seeks to have Dockets.Justia.com Case 4:21-cv-04051-RAL Document 16 Filed 07/21/21 Page 2 of 2 PageID #: 86 the Court order the BOP to apply his earned time credits. See Doc. 1 at 8. At this time, the Court cannot compel the BOP to apply earned time credits. Therefore, it is hereby ORDERED that Respondent's motion to dismiss for lack ofsubject matter jurisdiction. Doc. 12, is granted. DATED July ai**"; 2021 BY THE COURT: ROBERTO A. LANGE CHIEF JUDGE

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