Evelyn Vasquez Vega v. Judge James D. Cain, Jr., Pamela Bondi, et al.

Summary

A magistrate judge recommends sua sponte dismissal without prejudice of an immigration detainee’s 28 U.S.C. § 2241 habeas petition for failure to prosecute after court orders were returned as undeliverable and the petitioner failed to provide a new address. The recommendation cites Federal Rule of Civil Procedure 41(b), the court’s inherent docket-control authority, and applicable objection procedures under 28 U.S.C. § 636(b)(1)(C) and Rule 72(b).

Holdings

1. The magistrate judge recommended that the § 2241 petition be dismissed without prejudice, sua sponte, for failure to prosecute because Vega failed to notify the court of her changed address after court orders were returned as undeliverable.

Questions Presented

1. Whether the petition should be dismissed without prejudice for failure to prosecute after the petitioner failed to maintain a current mailing address and court mail was returned as undeliverable.

Disposition

other