Amen El v. Social Security Administration
- Paul Magnuson
- 0:23-cv-00428
- U.S. District Court · District of Minnesota
- 2
Amen El v. Social Security Administration — Judge Magnuson dismissed the mandamus petition without prejudice for failure to prosecute and denied fee applications as moot.
Pharoah El-Forever Left-I Amen El’s petition was dismissed without prejudice, and his applications to proceed without prepaying fees or costs were denied as moot. The Social Security Administration was the respondent.
What happened
In Amen El v. Social Security Administration, the court dismissed Pharoah El-Forever Left-I Amen El’s petition asking the court to compel action by the Social Security Administration. The dismissal was without prejudice and based on failure to prosecute.
A magistrate judge recommended dismissal. Amen El did not object before the deadline. The court therefore reviewed the recommendation for clear error and found none.
Judge Paul A. Magnuson adopted the recommendation, dismissed the petition without prejudice, and denied Amen El’s applications to proceed without prepaying fees or costs as moot.
The detailed version
- Amen El v. Social Security Administration · No. 0:23-cv-00428
- Paul Magnuson
- July 12, 2023
Background
Pharoah El-Forever Left-I Amen El filed a petition asking the court to issue an order requiring the Social Security Administration to take some action. The opinion describes this as a petition for a writ of mandamus, meaning a request for a court order compelling a government agency or official to perform a required duty.
Report and Recommendation
United States Magistrate Judge Douglas L. Micko recommended that the petition be dismissed without prejudice for failure to prosecute. Amen El did not file objections, and the deadline for doing so had passed. Without specific objections, the district court reviewed the recommendation only for clear error, meaning an obvious mistake.
Ruling
The court found no error in the magistrate judge’s reasoning and adopted the Report and Recommendation. It dismissed the mandamus petition without prejudice for failure to prosecute. It also denied as moot Amen El’s applications to proceed in the district court without prepaying fees or costs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.