Marsh v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Kassim Marsh
v. 	Case No. 21-cv-208-PB
Robert Hazlewood, Warden, Federal
Correctional Institution, Berlin
REPORT AND RECOMMENDATION
Kassim Marsh filed his petition for a writ of habeas corpus
(Doc. No. 1), pursuant to 28 U.S.C. § 2241, shortly before he
was released from confinement on April 16, 2021. 	The § 2241
petition challenges a decision to deny him good conduct time
under the First Step Act. 	Respondent moved to dismiss on the
ground that petitioner has not exhausted his administrative
remedies (Doc. No. 5). 	Mr. Marsh did not file a timely response
to that motion to dismiss.
Noting the existence of a substantial question regarding
whether the § 2241 petition might be moot, the April 27, 2021
Order (Doc. No. 6) sua sponte granted Mr. Marsh an extension of
time to file an objection to respondent’s motion. 	The court
notified Mr. Marsh that his failure to file a response could
result in the dismissal of the § 2241 petition. 	Mr. Marsh has
neither responded to that Order nor objected to the motion to
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dismiss. 	Accordingly, it appears that Mr. Marsh has abandoned
this case. 	The district judge should dismiss the petition,
without prejudice, for failure to prosecute, deny the motion to
dismiss (Doc. No. 5) as moot, and 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
July 9, 2021
cc: 	Kassim Marsh, pro se
Seth R. Aframe, Esq.
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