Summary
A United States magistrate judge recommends granting the respondent’s unopposed motion to dismiss Gabriel Garcia Hernandez’s 28 U.S.C. § 2241 petition. The recommendation is based on Hernandez’s failure to respond to the motion to dismiss and a show-cause order, and calls for dismissal without prejudice, closure of the case, and denial of leave to appeal in forma pauperis.
Court
United States District Court for the Southern District of Georgia
Jurisdiction
United States District Court for the Southern District of Georgia
Decision date
December 22, 2025
Docket number
2:25-cv-90
Disposition
other
Questions Presented
- Whether the petition should be dismissed without prejudice because Hernandez failed to respond to Respondent's motion to dismiss and failed to comply with the court's show-cause order.
- Whether Hernandez should be denied leave to appeal in forma pauperis because any appeal would not be taken in good faith.
Holdings
- The magistrate judge recommended granting Respondent's motion to dismiss as unopposed and dismissing Hernandez's § 2241 petition without prejudice because Hernandez failed to prosecute the action and comply with the court's orders after receiving notice of the consequences.
- The magistrate judge recommended denying Hernandez leave to appeal in forma pauperis because, based on his failure to comply with court orders and respond to the motion, there were no nonfrivolous issues to raise on appeal.
Court Document
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