Roland Antonio Black v. Warden, Federal Correctional Institution

Background

Roland Antonio Black filed a federal habeas petition against the Warden, Federal Correctional Institution. On March 10, 2026, the clerk directed Black to either pay the filing fee or apply for permission to proceed without paying it. The clerk gave him 15 days and warned that the case could be dismissed without prejudice if he did not comply.

The deadline passed. Black had not paid the filing fee, submitted an application to proceed without paying it, or communicated with the court since starting the case.

Recommendation

The court recommended dismissal under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute, meaning failure to move the case forward or comply with a court requirement. This recommendation was stated to be without prejudice.

The court also identified an alternative basis for dismissal. Black acknowledged in his petition that he had not completed the administrative remedy process made available by prison officials. Although the federal habeas statute does not itself state an exhaustion requirement, the court explained that courts have long required federal prisoners to complete available Federal Bureau of Prisons administrative remedies before seeking habeas relief. Black offered no good reason for not completing that process.

The recommendation therefore stated: “this matter be DISMISSED for failure to prosecute or, alternatively, for failure to exhaust administrative remedies.” The opinion did not enter a final dismissal; it was a magistrate judge’s Report and Recommendation. The notice states that the report was not directly appealable to the Court of Appeals and that specific written objections could be filed within 14 days after service.