Madogo v. Garland
- Jerry Blackwell
- 0:25-cv-02530
- U.S. District Court · District of Minnesota
- 2
In Madogo v. Garland, Judge Blackwell dismissed without prejudice (meaning Petitioner may refile) Kalalizi Madogo's petition seeking release from immigration detention because Madogo failed to prosecute the case.
Kalalizi Madogo, an individual in immigration detention who sought release through a federal habeas corpus petition. His case was dismissed for failure to prosecute, though he may refile.
What happened
In Madogo v. Garland, Kalalizi Madogo filed a petition asking a federal court to order his release from immigration custody, a legal request known as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The respondents named in the case are Merrick B. Garland (U.S. Attorney General), Alejandro Mayorkas (Secretary of the Department of Homeland Security), and Kevin Raycraft (Field Office Director for the Minneapolis Field Office).
Before the case could move forward, Magistrate Judge Leo I. Brisbois issued a Report and Recommendation on July 16, 2025, recommending that the petition be dismissed because Madogo failed to prosecute — meaning he did not take the steps required to move his case forward. No objections were filed to that recommendation within the allowed time period.
Judge Blackwell reviewed the Magistrate Judge's Report and Recommendation and found no clear error in it. On August 11, 2025, Judge Blackwell accepted the recommendation and dismissed Madogo's petition without prejudice under Federal Rule of Civil Procedure 41(b). A dismissal without prejudice means Madogo is not permanently barred from refiling a similar petition in the future.
The detailed version
In Madogo v. Garland, Civ. No. 25-2530 (JWB/LIB), Petitioner Kalalizi Madogo filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the District of Minnesota, seeking relief from immigration detention. The respondents were Merrick B. Garland (U.S. Attorney General), Alejandro Mayorkas (Secretary of the Department of Homeland Security), and Kevin Raycraft (Field Office Director for the Minneapolis Field Office).
United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation (R&R) on July 16, 2025, recommending dismissal of the petition. The basis for the recommended dismissal was Madogo's failure to prosecute — a procedural ground under Federal Rule of Civil Procedure 41(b), which allows a court to dismiss a case when the plaintiff or petitioner fails to take necessary steps to advance the litigation. The opinion does not describe what specific steps Madogo failed to take.
No objections to the R&R were filed within the time permitted. Under Federal Rule of Civil Procedure 72(b) and the Eighth Circuit's standard in Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996), when no timely objections are filed, a district court reviews an R&R only for clear error. Judge Jerry W. Blackwell found no clear error in the R&R.
On August 11, 2025, Judge Blackwell accepted the R&R and dismissed Madogo's habeas petition without prejudice under Rule 41(b). A dismissal without prejudice does not bar the petitioner from refiling, provided other legal requirements are met. Judgment was ordered to be entered accordingly.
Reviewer note from the AI+
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.