Elmi v. Nuka Express Inc
- Jerry Blackwell
- 0:22-cv-03073
- U.S. District Court · District of Minnesota
- 2
In Elmi v. Nuka Express Inc., Judge Blackwell dismissed Elmi’s complaint without prejudice for failure to prosecute and denied his fee application as moot.
Bashir Noor Elmi’s complaint was dismissed without prejudice, and his application to proceed without prepaying fees or costs was denied as moot. Nuka Express Inc. was the defendant in the dismissed case.
What happened
In Bashir Noor Elmi v. Nuka Express Inc., the magistrate judge ordered Elmi to explain why the court had subject-matter jurisdiction and why Minnesota was a proper venue. Elmi did not respond to that order.
The district court reviewed the magistrate judge’s recommendation because no objections were filed. It found no clear error but modified the recommendation because it did not need to decide the jurisdiction questions.
Judge Jerry W. Blackwell dismissed Elmi’s complaint without prejudice for failure to prosecute and denied his application to proceed without prepaying fees or costs as moot.
The detailed version
- Elmi v. Nuka Express Inc · No. 0:22-cv-03073
- Jerry W. Blackwell
- Apr. 25, 2023
Background
Magistrate Judge Dulce J. Foster issued an order requiring Plaintiff Bashir Noor Elmi to show that the court had subject-matter jurisdiction over his claims and that the District of Minnesota was a proper venue. Elmi did not respond. Judge Foster’s Report and Recommendation recommended dismissing the complaint for failure to prosecute and lack of jurisdiction.
Court’s Review
Because no timely objections were filed, the district court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error. It accepted the recommendation as modified, explaining that dismissal for failure to prosecute meant it did not need to resolve the jurisdiction questions.
Disposition
Judge Jerry W. Blackwell ordered that Elmi’s complaint be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court also denied Elmi’s application to proceed in district court without prepaying fees or costs as moot. The order directed that judgment be entered accordingly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.