Zongo v. Garland
- Paul Magnuson
- 0:21-cv-00676
- U.S. District Court · District of Minnesota
- 2
In Zongo v. Garland, Judge Magnuson dismissed Zongo’s detention petition without prejudice as moot after his release, denied amendment, and denied expedited motions.
The ruling affected Wendkouni Wilfried Arnold Zongo’s detention petition, request to file an amended petition, and motions to expedite consideration.
What happened
In Zongo v. Garland, Wendkouni Wilfried Arnold Zongo asked the court to review his detention. A magistrate judge recommended dismissal because Zongo had been released from detention, and no party objected.
The court found no error in that recommendation. It dismissed the petition without prejudice as moot, denied Zongo’s request to file an amended petition, and denied his requests to expedite consideration as moot.
Judge Paul A. Magnuson adopted the recommendation and directed that judgment be entered.
The detailed version
- Zongo v. Garland · No. 0:21-cv-00676
- Paul Magnuson
- Jan. 12, 2022
Background
Wendkouni Wilfried Arnold Zongo filed a petition asking the court to review his detention. Magistrate Judge Hildy Bowbeer recommended dismissing the petition as moot because Zongo had been released from detention. No party objected to the recommendation.
Court’s Review
Because there were no objections, Judge Magnuson reviewed the report and recommendation for clear error. Clear-error review asks whether the lower decision contains an obvious mistake. The court found no error, clear or otherwise, in the magistrate judge’s reasoning.
Rulings
Judge Paul A. Magnuson adopted the report and recommendation. The court dismissed the petition without prejudice as moot. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address whether a future petition would succeed. The court also denied Zongo’s request for leave to file an amended petition and denied his motions to expedite consideration as moot. The court directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.