Morrison v. Warden FCI Sandstone

Background

Brandon Morrison filed a petition challenging how the Bureau of Prisons applied his First Step Act time credits toward his sentence. When he filed the petition, he did not pay the filing fee or submit an application to proceed without paying the fee.

On February 20, 2025, the Clerk’s Office sent Morrison a letter directing him to pay the filing fee or submit the application within 15 days. The letter warned that failing to do so could lead to dismissal without prejudice. The letter was not returned as undeliverable. The deadline passed, and Morrison neither paid the fee nor submitted the application. He also did not communicate with the court after starting the case.

Recommendation

The report recommends dismissal under Federal Rule of Civil Procedure 41(b), which allows a court to dismiss an action when a party fails to prosecute the case or comply with court rules or orders. The recommendation is based on Morrison’s failure to pay the filing fee or submit the required application, not on a decision about whether the Bureau of Prisons correctly applied his time credits.

Disposition and Notice

Magistrate Judge Leo I. Brisbois recommended that the action be dismissed without prejudice for failure to prosecute. The report states that it is not a district-court order or judgment and therefore is not directly appealable to the Court of Appeals. It states that a party may file specific written objections within 14 days after being served with the report and recommendation.