Barriera-Jimenez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Ruben Barriera-Jimenez
v. 	Case No. 21-cv-309-JL
FCI-Berlin Warden Robert Hazlewood
REPORT AND RECOMMENDATION
Ruben Barriera-Jimenez, an inmate at the Federal
Correctional Institution in Berlin, New Hampshire (“FCI-
Berlin”), has filed an amended petition (Doc. No. 4) for a writ
of habeas corpus under 28 U.S.C. § 2241, seeking an order
directing the respondent to apply earned time credit to his
sentence, pursuant to the First Step Act, 18 U.S.C. § 3632. 	Mr.
Barriera-Jimenez has not paid the filing fee or filed an
application to proceed in forma pauperis in this matter.
The court has notified petitioner that his failure to pay
the filing fee and failure to file a motion to proceed in forma
pauperis on or before August 19, 2021 could result in the
dismissal of his petition. 	Petitioner has not responded to that
court order. 	This court may dismiss a petitioner’s § 2241
petition under such circumstances. 	See Young v. United States,
465 F. App’x 597, 598 (9th Cir. 2012).
Because of petitioner’s failure to pay the filing fee,
failure to file a motion to obtain in forma pauperis status, and
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failure to respond to court orders, the district judge should
dismiss Mr. Barriera-Jimenez’s § 2241 petition, without
prejudice, and then direct the clerk to enter judgment and close
the case. 	Any objections to this Report and Recommendation must
be filed within fourteen days of receipt of this notice. 	See
Fed. R. Civ. P. 72(b)(2). 	The fourteen-day period may be
extended upon motion. 	Failure to file objections within the
specified time waives the right to appeal the district court’s
order. 	See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168
(1st Cir. 2016).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
August 24, 2021
cc: 	Ruben Barriera-Jimenez, pro se
Seth R. Aframe, Esq.
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