Barrie v. Streeval, No. 0:2018cv00054 - Document 4 (E.D. Ky. 2018)

Court Description: MEMORANDUM OPINION & ORDER: 1)Petitioner's petition for writ of habeas corpus IS DENIED WITHOUT PREJUDICE ; 2)the matter IS DISMISSED AND STRICKEN from the Court's active docket; 3) Judgment shall be entered contemporaneously herewith. Signed by Judge Henry R. Wilhoit, Jr on 5/8/18.(JLS)cc: COR, petitioner Barrie (via US Mail)
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Barrie v. Streeval Doc. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION at ASHLAND ALIMAMY BARRIE, ) ) ) ) ) Petitioner, V. Civil No. 0: 18-54-HRW ) J.C. STREEVAL, Warden, ) ) Respondent. MEMORANDUM OPINION AND ORDER ) *** *** *** *** Federal inmate Alimamy Barrie has filed a prose petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his placement on a "refusal" status under the Inmate Financial Responsibility Program ("IFRP") with the Bureau of Prisons ("BOP"). [D. E. No. 1]. This matter is before the Court to conduct the screening required by 28 U.S.C. § 2243. Alexander v. Northern Bureau ofPrisons, 419 F. App'x 544, 545 (6th Cir. 2011). As an initial matter, Barrie did not pay the $5 .00 filing fee required by 28 U.S.C. § 1914. Thus, dismissal of Barrie's petition without prejudice is warranted on this ground alone. Moreover, prisoners must fully exhaust available administrative remedies prior to seeking habeas relief, Fazzini v. Northeast Ohio Correctional Center, 473 F.3d 229, 231 (6th Cir. 2006), something Barrie readily acknowledges he did not do. [D.E. No. 1 at p. 8]. Barrie asks the Court to excuse that failure, on the grounds that the administrative remedy process is "time consuming." However, Barrie's subjective belief that the process is time-consuming does not excuse his failure to pursue his administrative remedies. Thus, Barrie's petition will be dismissed without prejudice for failure to exhaust his administrative remedies prior to filing the petition. Accordingly, it is hereby ORDERED as follows: 1. The petition for a writ of habeas corpus [D.E. No. 1] is DENIED WITHOUT PREJUDICE. 2. This matter is DISMISSED and STRICKEN from the docket of the 3. Judgment shall be entered contemporaneously with this Memorandum Court. Opinion and Order. This .B._1;tay of May, 2018. Signed By: Heney R. WUboJJ. ,Jr. United St1t11 District Judge 2