Gaston v. Molis

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Conleysha Monae Gaston,
Petitioner,
v.
L. Molis,
Respondent.
Case No. 26-cv-0518 (ECT/SGE)
REPORT AND RECOMMENDATION
On February 2, 2026, this Court entered an order requiring Petitioner Conleysha
Monae Gaston to show cause why the Court should not recommend dismissing her Petition
for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, Dkt. 1 (“Petition”), based on her
apparent failure to exhaust administrative remedies. See Dkt. 4 at 2–3. On February 24,
2026, the Court granted Gaston’s request for an extension to submit that filing; her new
deadline was March 24, 2026. That deadline has now passed, and the Court has not received
Gaston’s response to this Court’s February 2026 order. Accordingly, the Court now
recommends denying the Petition (and dismissing this action) under Federal Rule of Civil
Procedure 41(b) for failure to prosecute. See, e.g., Henderson v. Renaissance Grand Hotel,
267 F. App’x 496, 497 (8th Cir. 2008) (per curiam) (“A district court has discretion to
dismiss an action under Rule 41(b) for a plaintiff’s failure to prosecute, or to comply with
the Federal Rules of Civil Procedure or any court order.”).
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RECOMMENDATION
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY RECOMMENDED THAT:
1. 	Petitioner Conleysha Monae Gaston’s Petition for a Writ of Habeas
Corpus Under 28 U.S.C. § 2241, Dkt. 1, be DENIED under Federal
Rule of Civil Procedure 41(b) for failure to prosecute.
2. 	This action be DISMISSED.
Dated: April 1, 2026 	s/Shannon G. Elkins
SHANNON G. ELKINS
United States Magistrate Judge
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the
District Court and is therefore not appealable directly to the Eighth Circuit Court of Ap-
peals.
Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a
magistrate judge’s proposed finding and recommendations within 14 days after being
served a copy” of the Report and Recommendation. A party may respond to those
objections within 14 days after being served a copy of the objections. See Local Rule
72.2(b)(2). All objections and responses must comply with the word or line limits set forth
in Local Rule 72.2(c).
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