Maombi v. Department Of Homeland Security, The
- Katherine Menendez
- 0:23-cv-00526
- U.S. District Court · District of Minnesota
- 2
In Alex Maombi v. Department of Homeland Security, Judge Menendez dismissed the action without prejudice after reviewing an unobjected-to recommendation.
Alex Maombi’s action against The Department of Homeland Security and the other respondents was dismissed without prejudice.
What happened
Alex Maombi v. The Department of Homeland Security concerns a district court’s review of a magistrate judge’s recommendation. The opinion does not explain the underlying claims or the recommended reasons for dismissal.
Magistrate Judge Dulce J. Foster issued the report and recommendation on March 28, 2023. No objections were filed. The district court therefore reviewed the recommendation for clear error and found no error.
Judge Katherine M. Menendez ordered that the action be dismissed without prejudice and directed that judgment be entered. The opinion does not state the reason for dismissal, and dismissal without prejudice allows the action to be filed again.
The detailed version
- Maombi v. Department Of Homeland Security, The · No. 0:23-cv-00526
- Katherine Menendez
- May 3, 2023
Background
The opinion concerns an action brought by Alex Maombi against The Department of Homeland Security and other respondents. The opinion does not describe the claims, the factual allegations, or the relief sought.
Report and Recommendation
The matter came before the district court on a report and recommendation issued by United States Magistrate Judge Dulce J. Foster on March 28, 2023. The record states that no party filed objections within the permitted time.
When no specific objections are filed, the district court reviews the recommendation for clear error. After reviewing the report and recommendation and the record, the court found that Magistrate Judge Foster had committed no error, clear or otherwise. The opinion does not state what recommendation Magistrate Judge Foster made or the reasoning supporting it.
Disposition
The court ordered that the action be dismissed without prejudice and directed that judgment be entered accordingly. Dismissal without prejudice does not bar a later filing of the action. The opinion does not identify the basis for dismissal or address the merits of any underlying claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.