Kalalizi M. v. Garland
- Leo Brisbois
- 0:25-cv-02530
- U.S. District Court · District of Minnesota
- 2
Counsel of record per CourtListener. Firm names are approximate.
In Kalalizi M. v. Garland, Judge Brisbois recommended dismissing the case without prejudice because Kalalizi M. neither paid the fee nor pursued it.
Kalalizi M. and the pending case; the magistrate judge recommended dismissal without prejudice, but the provided document was not a final dismissal order.
What happened
In Kalalizi M. v. Garland, Kalalizi M. did not pay the required $5 filing fee or apply to proceed without paying it after the Clerk gave a 15-day deadline.
Kalalizi M. also did not communicate with the court after starting the case. The government reported that Kalalizi M. had been removed from the United States, which the court said could also make the petition moot, but the recommendation relied on the failure to prosecute.
Magistrate Judge Leo I. Brisbois recommended dismissing the action without prejudice under Rule 41(b) for failure to prosecute. The report is not a final order, and the parties had 14 days to object.
The detailed version
- Kalalizi M. v. Garland · No. 0:25-cv-02530
- Leo Brisbois
- July 16, 2025
Background
Kalalizi M. filed a petition asking for relief from detention or removal through a habeas case. The Clerk of Court directed Kalalizi M. to pay the $5 filing fee or apply for permission to proceed without paying the fee within 15 days. The letter warned that failing to do either could lead to dismissal without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure.
The deadline passed, and Kalalizi M. had not paid the fee, applied for permission to proceed without paying it, or otherwise communicated with the court since filing the case.
Additional Issue Mentioned
The government represented that Kalalizi M. was removed from the United States one day after starting the case. The court stated that, if true, the petition had become moot and could also be dismissed on that ground. The court did not base its recommendation on mootness, however; it recommended dismissal for failure to prosecute.
Recommendation and Procedure
Magistrate Judge Leo I. Brisbois recommended that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. A dismissal without prejudice does not itself bar a later filing, although this report does not address whether any later filing would be legally permissible.
This document is a report and recommendation, not a final order or judgment of the District Court. It was not directly appealable to the Eighth Circuit. A party could file specific written objections within 14 days after being served with the report, and a response to objections could be filed within 14 days after service of the objections.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.