Dualeh v. Mayorkas
- Jeffrey Bryan
- 0:23-cv-03554
- U.S. District Court · District of Minnesota
- 2
In Dualeh v. Mayorkas, Judge Bryan dismissed the action without prejudice after adopting a recommendation based on failure to prosecute.
The action brought by Ali Ahmed Dualeh and Samiya Hassan Mohamud was dismissed without prejudice; the defendants were Alejandro Mayorkas, Ur Mendoza Jaddou, and Trina M. Swanson.
What happened
In Dualeh v. Mayorkas, the court considered a magistrate judge’s recommendation to dismiss the case because the plaintiffs had not prosecuted it.
Neither side objected to the recommendation by the deadline. The court therefore reviewed it for clear error and found none.
Judge Jeffrey M. Bryan adopted the recommendation and dismissed the action without prejudice, allowing it to be filed again.
The detailed version
- Dualeh v. Mayorkas · No. 0:23-cv-03554
- Jeffrey M. Bryan
- Dec. 2, 2024
Background
Ali Ahmed Dualeh and Samiya Hassan Mohamud sued Alejandro Mayorkas, Ur Mendoza Jaddou, and Trina M. Swanson. The opinion does not describe the underlying claims. The matter came before the court on a Report and Recommendation by United States Magistrate Judge David T. Schultz, dated October 31, 2024.
Recommendation and Review
The Report and Recommendation advised dismissing the action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Neither party objected, and the time for objections had passed. Because there were no timely objections, the court reviewed the recommendation for clear error and found none.
Ruling
Judge Jeffrey M. Bryan adopted the Report and Recommendation and dismissed the action without prejudice. The court directed that judgment be entered. The opinion does not state whether the plaintiffs later refiled the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.