UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

ANDREW GRIFFITHS, ) CASE NO. 4:23CV199 ) Petitioner, ) JUDGE JOHN R. ADAMS ) v. ) ) ) ORDER AND JUDGMENT ENTRY WARDEN FERNANDA GARZA, ) ) Respondent. )

In this petition, Petitioner Andrew Griffiths contends that the Bureau of Prisons is improperly refusing to allow him to accrue credits under the First Step Act due to a detainer. However, subsequent to Petitioner’s filing, “on February 6, 2023, the BOP issued Change Notice- 1 to Program Statement 5410.01, First Step Act of 2018 – Time Credits: Procedures for Implementation of 18 U.S.C. § 3632(d)(4) ... which ... removed unresolved pending charges and/or detainers as a disqualifying factor for the application of FSA earned time credits.” Alatorre, v. Warden Derr, No. CV 22-00516 JMS-WRP, 2023 WL 2599546, at *2 (D. Haw. Mar. 22, 2023). Accordingly, Petitioner is no longer ineligible and there no longer exists a case or controversy for this Court to resolve. Accordingly, this petition is hereby DENIED AS MOOT, and this matter is hereby DISMISSED.1 See id. at *5-6. IT IS SO ORDERED.

Date: March 29, 2023 /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

1 A review of the BOP website indicates that as a result of this policy, Petitioner was released from custody on February 16, 2023.