Fabien M. K. v. Immigration and Customs Enforcement
- Eric Tostrud
- 0:20-cv-01903
- U.S. District Court · District of Minnesota
- 1
In Fabien M. K. v. Immigration and Customs Enforcement, Judge Tostrud denied the habeas petition as moot and dismissed the action without prejudice.
Fabien M. K.; Immigration and Customs Enforcement, the Department of Homeland Security, and the United States Attorney General.
What happened
Fabien M. K. asked the court for a writ of habeas corpus. Magistrate Judge David T. Schultz issued a report and recommendation on November 4, 2020, and no party objected.
The court reviewed the recommendation for clear error and found none. It accepted the recommendation and denied Fabien M. K.’s petition as moot.
Judge Tostrud dismissed the action without prejudice and directed that judgment be entered. The opinion does not explain why the petition became moot.
The detailed version
- Fabien M. K. v. Immigration and Customs Enforcement · No. 0:20-cv-01903
- Eric Tostrud
- Nov. 30, 2020
Background
Fabien M. K. filed a petition seeking a writ of habeas corpus against Immigration and Customs Enforcement, the Department of Homeland Security, and the United States Attorney General. Magistrate Judge David T. Schultz issued a Report and Recommendation on November 4, 2020.
Court’s Review
No party objected to the Report and Recommendation. The court therefore reviewed it for clear error, meaning an obvious mistake apparent from the record. The court found no clear error.
Ruling
The court accepted the Report and Recommendation, denied Fabien M. K.’s habeas petition as moot, and dismissed the action without prejudice. The order directed that judgment be entered. It does not state the facts that made the petition moot or explain the underlying dispute further.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.