1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 EFRAIN PEREZ-PEREZ, Case No. 23-cv-2071-BAS-DEB

12 Plaintiff, ORDER DENYING PETITION FOR 13 v. WRIT OF HABEAS CORPUS WITHOUT PREJUDICE AND 14 UNITED STATES OF AMERICA, DIRECTING CLERK TO CLOSE 15 Defendant. CASE 16 17 In 2021, in his criminal case, Mr. Perez-Perez wrote a series of letters to the Court 18 requesting reconsideration of his sentence. (No. 16-cr-1008-BAS-1, ECF Nos. 164, 166, 19 168.) Specifically, Mr. Perez-Perez asked the Court to order that he be given credit toward 20 his federal sentence for time served in state custody. (Id.) The Court denied the request. 21 (Id., ECF No. 174.) To the extent Mr. Perez-Perez was requesting modification of his 22 sentence under

, the time for such filing had expired. 23 Since Defendant was requesting that he be given credit for the time spent in state 24 custody, the Court found this could be construed as a challenge to the manner in which the 25 Bureau of Prisons is carrying out Defendant’s sentence under

. Such 26 challenges to the manner of a sentence’s execution must be brought in the custodial court. 27 Hernandez v. Campbell,

, 864–65 (9th Cir. 2000). At the time, Mr. Perez- 28 Perez was being housed at FCI Lompoc, so the Court denied the request without prejudice 1 directed Mr. Perez-Perez to file any such request in the Central District of California. 2 ||(No. 16-cr-1008-BAS-1, ECF No. 174.) 3 Now, two years later, Mr. Perez-Perez files an identical request back here in the 4 || Southern District of California, couched as a habeas petition pursuant to

. 5 || Although it appears Mr. Perez-Perez has been moved to a different institution, the new 6 || institution in Adelanto, California, is still in the Central District of California. 7 Therefore, for the same reasons the Court denied the request two years ago in Case 8 ||No. 16-cr-1008-BAS-1, the Court DENIES the habeas petition without prejudice and 9 || directs the Clerk of Court to close the case. 10 IT IS SO ORDERED. 11 , 12 || DATED: November 16, 2023 (pil A (Lyphaa. 6 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9.