Unreported / Non-Citable
Background
Federal prisoner Sonny Ray Nabarrette filed a pro se petition under 28 U.S.C. § 2241 challenging how the Bureau of Prisons calculated his sentence. Following multiple revocations of supervised release, he was serving a 22-month federal sentence imposed in May 2025, consecutive to any other sentence. He was confined at FCI La Tuna when he filed the petition and was released from BOP custody on August 28, 2026.
Nabarrette claimed the BOP had improperly applied his good-time, First Step Act, and Second Chance Act credits in determining his release date. But he neither paid the required $5 filing fee nor applied to proceed in forma pauperis. On December 24, 2025, the court ordered him to do one or the other within 21 days and warned that noncompliance could result in dismissal under Federal Rule of Civil Procedure 41(b). He did not respond or otherwise communicate with the court.
The Court’s Holding
The court dismissed Nabarrette’s § 2241 petition without prejudice because he failed to comply with the filing-fee order and failed to prosecute the case. It explained that Rule 41(b), together with a district court’s inherent authority to manage its docket and prevent undue delay, permits sua sponte dismissal when a litigant disregards a court order.
Nabarrette’s pro se status did not excuse compliance with procedural requirements. The court did not decide whether he was entitled to additional sentence credits or address the merits of his claims. It also denied any pending motions and closed the case.
Key Takeaways
- A § 2241 petitioner must pay the $5 filing fee or obtain permission to proceed in forma pauperis.
- A district court may dismiss a habeas petition sua sponte under Rule 41(b) when the petitioner fails to obey an order and prosecute the case.
- The dismissal was without prejudice and did not resolve Nabarrette’s sentence-credit claims on the merits.
Why It Matters
The decision underscores that incarcerated and pro se litigants remain bound by filing requirements and court deadlines. Even potentially substantive challenges to the BOP’s calculation of sentence credits may be dismissed when the petitioner does not satisfy threshold procedural obligations.