Hersi v. Garland
- Jerry Blackwell
- 0:23-cv-01225
- U.S. District Court · District of Minnesota
- 1
In Hersi v. Garland, Judge Blackwell accepted the recommendation and dismissed Hersi’s petition without prejudice for failure to serve Garland.
The ruling directly affected petitioner Mohamed Ahmed Hersi’s petition and respondent Merrick Garland.
What happened
In Hersi v. Garland, Mohamed Ahmed Hersi filed a petition against Merrick Garland. The opinion does not describe the petition’s underlying claim.
A magistrate judge recommended dismissing the petition because Hersi had not completed service as required by Federal Rule of Civil Procedure 4(m). No one objected to the recommendation, so the court reviewed it for clear error.
Judge Jerry W. Blackwell found no clear error, accepted the recommendation, and dismissed Hersi’s petition without prejudice for failure to complete service.
The detailed version
- Hersi v. Garland · No. 0:23-cv-01225
- Jerry W. Blackwell
- Apr. 4, 2024
Background
Mohamed Ahmed Hersi filed a petition against Merrick Garland. The opinion does not state what underlying claim or relief the petition sought.
Report and Recommendation
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on February 22, 2024. No objections were filed within the permitted time. Because there were no timely objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
The court found no clear error in the magistrate judge’s recommendation. Judge Jerry W. Blackwell accepted the February 22, 2024 Report and Recommendation and ordered that Hersi’s petition be dismissed without prejudice for failure to effect service under Federal Rule of Civil Procedure 4(m). The court also directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.