Xiomar Javier Montilla Graterol v. Immigration and Customs Enforcement, The Department of Homeland Security, and The Call Field Office

Summary

The magistrate judge recommends dismissal of Xiomar Javier Montilla Graterol’s 28 U.S.C. § 2241 habeas case for failure to prosecute and because it duplicates another habeas case filed by the petitioner. The recommendation explains that the petitioner did not file an amended petition or otherwise continue this case after being given additional time, while pursuing a duplicative action in Case No. 4:26cv167-TKW-MAF.

Holdings

1. A district court may dismiss a case sua sponte under its inherent authority to manage its docket when a petitioner fails to prosecute or comply with a court order, particularly after being forewarned.
2. A habeas case may be dismissed as redundant when the petitioner has another pending case in which the same relief may be litigated against the same respondents.

Questions Presented

1. Whether the court may dismiss a habeas case sua sponte for failure to prosecute after the petitioner fails to comply with an order and takes no further action.
2. Whether dismissal is appropriate when the petition is duplicative of a pending companion habeas case involving the same requested relief and respondents.

Disposition

dismissed