Johnson v. Pettiford

Frank Wayne Johnson, a pro se litigant, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging the determination that he was ineligible for a particular sentencing credit. After Johnson failed to respond timely to the respon dent’s motion to dismiss the petition as moot, the district court dismissed the petition with prejudice. The district court relied on Local Rule 7.2(C)(2), which permits a court to grant a motion as unopposed if a party fails to respond timely to the motion. 1

Before addressing whether Johnson’s case was improperly dismissed for failure to file…