Andrei Glickstein v. Warden, Louisiana ICE Processing Center

Summary

The magistrate judge recommends dismissing Andrei Glickstein’s 28 U.S.C. § 2241 petition without prejudice. The recommendation is based on Glickstein’s failure to prosecute and failure to obey an order requiring a response to the respondent’s motion to dismiss, after his transfer outside the Southern District of Mississippi.

Holdings

1. The magistrate judge recommended that the § 2241 petition be dismissed without prejudice because Petitioner failed to prosecute the action and failed to obey the order requiring him to respond to Respondent's motion to dismiss.

Questions Presented

1. Whether the § 2241 petition should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and the Court's inherent authority because Petitioner failed to prosecute the action and failed to obey the Court's order requiring a response to the motion to dismiss.
2. Whether the transfer of Petitioner to Louisiana and the absence of a custodian within the Southern District of Mississippi supported Respondent's motion to dismiss.

Disposition

dismissed