Harrison v. Federal Bureau of Prisons
- Elizabeth Cowan Wright
- 0:24-cv-02657
- U.S. District Court · District of Minnesota
- 2
In Harrison v. Federal Bureau of Prisons, Judge Wright recommended dismissing Harrison’s habeas case without prejudice because she neither paid the fee nor sought fee-waiver status.
Sharease Harrison’s habeas action against the Federal Bureau of Prisons and Waseca FCI.
What happened
Sharease Harrison brought a habeas case against the Federal Bureau of Prisons and Waseca FCI. The Clerk told her to pay the $5 filing fee or apply to proceed without paying it, but the 15-day deadline passed without either filing.
Harrison also did not communicate with the court after starting the case. The magistrate judge therefore recommended dismissing the action without prejudice for failure to prosecute, meaning the dismissal would not bar a later filing.
In Harrison v. Federal Bureau of Prisons, Magistrate Judge Elizabeth Cowan Wright issued the recommendation on August 7, 2024. The recommendation was not a final order or judgment; the notice said Harrison could file specific written objections within 14 days after being served.
The detailed version
- Harrison v. Federal Bureau of Prisons · No. 0:24-cv-02657
- Elizabeth Cowan Wright
- Aug. 7, 2024
Background
The Clerk of Court sent Sharease Harrison a letter dated July 9, 2024, directing her to pay the $5 filing fee for this habeas case or apply for “in forma pauperis” status, which is a request to proceed without paying the filing fee. Harrison received 15 days to take one of those steps, and the letter warned that the action could be dismissed without prejudice if she did not do so.
The deadline passed. Harrison had not paid the filing fee, submitted an application to proceed without paying it, or communicated with the court about the case since starting it.
Recommendation
The court recommended dismissing the action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Failure to prosecute means not moving a case forward or not complying with a court requirement. “Without prejudice” means the recommendation does not itself bar a later filing.
Status and Objections
This document is a magistrate judge’s Report and Recommendation, not an order or judgment of the District Court. The notice states that it is not directly appealable to the United States Court of Appeals for the Eighth Circuit. A party may file specific written objections within 14 days after being served with the recommendation, and a response to objections may be filed within 14 days after service of those objections.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.