Maombi v. Department Of Homeland Security, The
- Jerry Blackwell
- 0:23-cv-00341
- U.S. District Court · District of Minnesota
- 2
In Alex Maombi v. Department of Homeland Security, Judge Blackwell dismissed the habeas petition without prejudice for failure to prosecute.
Alex Maombi’s § 2241 petition was dismissed without prejudice; the Department of Homeland Security and ICE were the respondents.
What happened
In Alex Maombi v. Department of Homeland Security, the court reviewed a magistrate judge’s recommendation after no party filed a timely objection. The court found no clear error in that recommendation.
The court accepted the March 14, 2023 recommendation and dismissed Alex Maombi’s petition under 28 U.S.C. § 2241. The dismissal was without prejudice and was based on failure to prosecute, meaning the case was dismissed because it was not pursued as required.
Judge Jerry W. Blackwell ordered that judgment be entered accordingly. The opinion does not explain the underlying habeas claim or the specific conduct that led to the failure-to-prosecute dismissal.
The detailed version
- Maombi v. Department Of Homeland Security, The · No. 0:23-cv-00341
- Jerry W. Blackwell
- Apr. 5, 2023
Background
Alex Maombi filed a petition for habeas relief under 28 U.S.C. § 2241 against the Department of Homeland Security and ICE. The opinion does not describe the petition’s underlying allegations or requested relief.
United States Magistrate Judge David T. Schultz issued a Report and Recommendation on March 14, 2023. No objections were filed within the permitted time.
Court’s Review
Because no timely objections were filed, the district court reviewed the recommendation for clear error. Clear-error review asks whether the recommendation contains an obvious mistake. The court stated that it found no clear error.
Ruling
The court accepted the March 14, 2023 Report and Recommendation. It dismissed Maombi’s petition under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The dismissal was expressly without prejudice, and the court ordered that judgment be entered accordingly.
The opinion does not provide additional details about the failure to prosecute or address the merits of Maombi’s underlying habeas claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.