0:25-cv-03983•Ali v. Clay County Sheriff
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Abdi Yarrow Ali, Petitioner, v. Clay County Sheriff, Respondent. Case No. 25-cv-3983 (JRT/LIB) REPORT AND RECOMMENDATION This matter is before the undersigned United States Magistrate Judge on a general assignment under 28 U.S.C. § 636, and on Petitioner Abdi Yarrow Ali’s Petition for a Writ of Habeas Corpus, [Docket No. 1]. Petitioner Abdi Yarrow Ali has requested federal habeas corpus relief on the grounds that his pretrial detention at the Clay County jail is unlawful. (Pet. [Docket No. 1]). This matter comes before the undersigned United States Magistrate Judge pursuant to a general assignment made in accordance with 28 U.S.C. § 636. Upon initiating this action, Petitioner’s submissions did not include either the $5 filing fee or an application to proceed in forma pauperis (“IFP”). Accordingly, on October 16, 2025, the Clerk’s Office mailed him a letter directing him to either pay the filing fee or submit a complete IFP application within fifteen days of the date of the letter. [Docket No. 2]. The letter forewarned Petitioner that if he failed to comply with the letter’s requirements, this matter could be summarily dismissed without prejudice. [Docket No. 2]. This letter was not returned as undeliverable. This deadline has now passed, and Petitioner has neither paid the filing fee for this action nor submitted an IFP application. In fact, he has not communicated with the Court about this case at all since commencing this action. Accordingly, this Court now recommends, consistent with the CASE 0:25-cv-03983-JRT-LIB Doc. 3 Filed 11/19/25 Page 1 of 3
2 warning previously given to Petitioner, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. 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.”). Notably, even if this Court were to consider the merits of Petitioner’s claim here, the Court would determine that Petitioner has failed to state a cognizable habeas claim. Petitioner brings his claims pursuant to 28 U.S.C. § 2241. (See Pet. [Docket No. 1]). Although § 2241 itself does not contain a requirement that a habeas petitioner first exhaust his claims in state court, “federal courts have consistently recognized that the principles of comity and federalism require state pre-trial detainees to present their constitutional claims in state courts before seeking federal habeas relief under § 2241.” See Olson v. Washington Cty., Case No. 12-cv-2807 (MJD/AJB), 2013 WL 1871523, at *2 (D. Minn. Jan. 24, 2013) (collecting cases), report and recommendation adopted, 2013 WL 1867571 (D. Minn. May 3, 2013). “This requirement of fair-presentment of claims generally requires appellate exhaustion of those claims, which in turn requires that judgment be entered in the state-court prosecution—meaning, ultimately, that state pretrial detainees usually cannot seek federal habeas relief until after they have been convicted (or, put another way, until after they have ceased being pretrial detainees).” Abdikarim v. State, Case No. 24-cv-2013 (NEB/LIB), 2024 WL 3557772, at *2 (D. Minn. June 17, 2024), report and recommendation adopted, 2024 WL 3552960 (D. Minn. July 26, 2024); see also Wingo v. Ciccone, 507 F.2d 354, 357 (8th Cir. 1974) (“Absent extraordinary circumstances, federal courts should not interfere with the states’ pending judicial processes prior to trial and conviction, even though the prisoner claims he is being held in violation of the Constitution.”). CASE 0:25-cv-03983-JRT-LIB Doc. 3 Filed 11/19/25 Page 2 of 3
3 Here, Petitioner claims that he was subject to an unlawful search and seizure and that potentially exculpatory evidence has been withheld from him in his state court proceedings. (See Pet. [Docket No. 1 at 6). These are not the sorts of claims that are exceptions to the usual requirement of post-judgment exhaustion by state detainees. See Castillo-Alvarez v. Hawkinson, 2011 WL 3798585, at *2 (D. Minn. Aug. 25, 2011) (describing such exceptional circumstances as including allegations of double jeopardy and speedy trial violations) (citing Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 489-90 (1973)). Accordingly, even if Petitioner had elected to prosecute this action and comply with the requirements on the October 16, 2025, letter, the present Petition would nevertheless be subject to dismissal for failure to state a cognizable habeas claim. Therefore, based upon the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT this action be DISMISSED without prejudice under Rule 41(b) for failure to prosecute. Dated: November 19, 2025 s/Leo I. Brisbois Hon. Leo I. Brisbois 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 Appeals. 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). CASE 0:25-cv-03983-JRT-LIB Doc. 3 Filed 11/19/25 Page 3 of 3
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