Deivis Hernandez Guedes v. Merrick B. Garland et al.

Summary

The United States District Court for the Southern District of Mississippi recommends dismissing Deivis Hernandez Guedes’s 28 U.S.C. § 2241 petition without prejudice. The recommendation is based on his failure to prosecute the case and comply with three court orders, including orders requiring an amended petition and payment of the filing fee or an in forma pauperis motion.

Holdings

1. The magistrate judge recommended that the § 2241 petition be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and the court's inherent authority because petitioner failed to prosecute and obey three court orders.

Questions Presented

1. Whether the § 2241 petition should be dismissed without prejudice because petitioner failed to prosecute the action and failed to obey three court orders.

Disposition

other