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U.S. District Court, District of Minnesota, 2024

Abdikarim v. Fitzgibbons

Abdikarim v. Fitzgibbons
U.S. District Court, District of Minnesota · Decided December 18, 2024

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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