An Van Vo v. Markwayne Mullin, et al.

Summary

The court adopted a magistrate judge's Report and Recommendation and dismissed without prejudice a pro se petition under 28 U.S.C. § 2241 challenging immigration detention. The dismissal was based on the petitioner's failure to pay the filing fee, seek in forma pauperis status, or otherwise comply with the court's deficiency order, and his failure to object to the recommendation.

Holdings

1. A court may dismiss a petition without prejudice under Federal Rule of Civil Procedure 41(b) when a petitioner fails to pay the filing fee, seek in forma pauperis status, or comply with a court order after being warned of the possibility of dismissal.
2. A party who fails to object by the prescribed deadline waives appellate review of the factual and legal issues addressed in the magistrate judge's Report and Recommendation.

Questions Presented

1. Whether the court should dismiss the § 2241 petition without prejudice because petitioner failed to pay the filing fee, seek in forma pauperis status, or otherwise comply with the court's order.
2. Whether petitioner waived appellate review of the factual and legal issues addressed in the Report and Recommendation by failing to object.

Disposition

dismissed