Abdikarim v. Fitzgibbons
U.S. District Court, District of Minnesota
Abdikarim v. Fitzgibbons
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Zakariya Abdikarim,
Case No. 24-CV-2012 (KMM/ECW)
Plaintiff,
v. ORDER
Barry Fitzgibbons, Sheriff; Tim
Brennan, Chief of Police; and Michelle
Marie Eldien, Ottertail County
Attorney, sued in their official and
individual capacities,
Defendants.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright,
dated November 5, 2024. No objections have been filed to that R&R in the time
period permitted.
The Court reviews de novo any portion of the R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court's careful review of
the R&R and the record in this case, the Magistrate Judge committed no error, clear
or otherwise, and the R&R is accepted in full.
Therefore, IT IS HEREBY ORDERED that:
1. This matter is DISMISSED WITHOUT PREJUDICE as follows:
a. The claims against defendants Tim Brennan and Michelle Marie
Eldien are regarded as VOLUNTARILY DISMISSED
WITHOUT PREJUDICE.
b. The claims against defendant Barry Fitzgibbons are DISMISSED
WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(a).
2. Plaintiff Zakariya Abdikarim’s motion to waive the initial partial filing
fee [ECF 12] is GRANTED.
3. Mr. Abdikarim’s motion to amend [ECF 9] is DENIED.
4. Mr. Abdikarim’s applications to proceed in forma pauperis [ECF 2, ECF
10] are DENIED AS MOOT.
5. Mr. Abdikarim is directed to pay the unpaid balance ($350.00) of the
statutory filing fee for this action in the manner prescribed by 28 U.S.C.
§ 1915(b)(2), and the Clerk of Court is directed to provide notice of this
requirement to the authorities at the institution where Mr. Abdikarim is
confined.
Date: December 18, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Zakariya Abdikarim,
Case No. 24-CV-2012 (KMM/ECW)
Plaintiff,
v. ORDER
Barry Fitzgibbons, Sheriff; Tim
Brennan, Chief of Police; and Michelle
Marie Eldien, Ottertail County
Attorney, sued in their official and
individual capacities,
Defendants.
The above matter comes before the Court upon the Report and
Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright,
dated November 5, 2024. No objections have been filed to that R&R in the time
period permitted.
The Court reviews de novo any portion of the R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court's careful review of
the R&R and the record in this case, the Magistrate Judge committed no error, clear
or otherwise, and the R&R is accepted in full.
Therefore, IT IS HEREBY ORDERED that:
1. This matter is DISMISSED WITHOUT PREJUDICE as follows:
a. The claims against defendants Tim Brennan and Michelle Marie
Eldien are regarded as VOLUNTARILY DISMISSED
WITHOUT PREJUDICE.
b. The claims against defendant Barry Fitzgibbons are DISMISSED
WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(a).
2. Plaintiff Zakariya Abdikarim’s motion to waive the initial partial filing
fee [ECF 12] is GRANTED.
3. Mr. Abdikarim’s motion to amend [ECF 9] is DENIED.
4. Mr. Abdikarim’s applications to proceed in forma pauperis [ECF 2, ECF
10] are DENIED AS MOOT.
5. Mr. Abdikarim is directed to pay the unpaid balance ($350.00) of the
statutory filing fee for this action in the manner prescribed by 28 U.S.C.
§ 1915(b)(2), and the Clerk of Court is directed to provide notice of this
requirement to the authorities at the institution where Mr. Abdikarim is
confined.
Date: December 18, 2024 s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge Reference
- Status
- Unknown