Unreported / Non-Citable
Background
Salvador Garcia Moreno, a federal prisoner at FCI La Tuna, filed a pro se petition under 28 U.S.C. § 2241 challenging the Bureau of Prisons’ calculation of his sentence. Moreno had received a sentence of twelve months and one day after pleading guilty to smuggling goods from the United States and aiding and abetting.
Moreno alleged that the BOP was improperly prolonging his imprisonment and asserted that his First Step Act earned-time credits supported immediate placement in a residential reentry center or release. He asked the court to order his immediate release.
The court denied Moreno’s application to proceed in forma pauperis because his prison income showed that he could pay the $5 filing fee. After the court denied reconsideration and warned that nonpayment could result in dismissal, Moreno did not pay the fee within the time allowed.
The Court’s Holding
The court dismissed Moreno’s § 2241 petition without prejudice under Federal Rule of Civil Procedure 41(b). It concluded that Moreno had failed to comply with the court’s orders requiring payment of the filing fee and had failed to prosecute the case.
The court did not decide whether the BOP correctly calculated Moreno’s sentence or First Step Act credits. It also denied any pending motions and closed the case.
Key Takeaways
- A federal prisoner filing a § 2241 petition must pay the $5 filing fee unless the court grants permission to proceed in forma pauperis.
- A district court may dismiss a habeas petition sua sponte when the petitioner fails to obey court orders or prosecute the case.
- The dismissal was without prejudice and did not resolve the merits of Moreno’s sentence-calculation challenge.
Why It Matters
The decision underscores that pro se habeas petitioners remain subject to filing requirements and court deadlines. Even a claim seeking immediate release may be dismissed on procedural grounds when the petitioner does not comply with an order to pay the filing fee.