Tunkara et al v. Trump et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
AMENATA TUNKARA, et al.,
Plaintiffs,
v. 	Case Number 2:25-cv-529
Judge Edmund A. Sargus, Jr.
Magistrate Judge Chelsey M. Vascura
PRESIDENT DONALD J. TRUMP, et al.,
Defendants.
ORDER
This matter is before the Court on a Report and Recommendation issued by the
Magistrate Judge on January 12, 2026. (ECF No. 23.) The Magistrate Judge recommends that
Plaintiffs Amenata Tunkara and Hagie Camara’s action be dismissed for failure to prosecute.
(Id.)
Plaintiffs, through counsel, brought this lawsuit under the Administrative Procedure Act,
5 U.S.C. § 551, et seq., and the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq.,
alleging that the United States Citizenship and Immigration Service arbitrarily and capriciously
revoked Ms. Tunkara’s Form I-130, Petition for Alien Relative, Application to Register
Permanent Residence or Adjust Status. (ECF No. 1.)
On September 10, 2025, Plaintiffs’ counsel moved to withdraw from representation
because “Plaintiffs’ lack of communication and cooperation render[ed] it impossible for Counsel
to effectively represent the Plaintiffs.” (ECF No. 20.) The Court granted the motion and ordered
Plaintiffs to retain new counsel or indicate whether they intend to proceed pro se within 30 days.
(ECF No. 21.) Plaintiffs did not respond.
On December 18, 2025, the Court issued a Show Cause Order requiring Plaintiffs to
show cause within 14 days why the action should not be dismissed for failure to prosecute. (ECF
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No. 22.) The Show Cause Order warned Plaintiffs that failure to respond would result in
dismissal of the action for failure to prosecute. (Id.) Plaintiffs did not respond to the Show Cause
Order.
On January 12, 2026, the Magistrate Judge issued a Report and Recommendation
recommending dismissal of Plaintiffs’ action for failure to prosecute because Plaintiffs did not
comply with the Court’s prior orders. (ECF No. 23, PageID 133–34.)
After a magistrate judge issues a report and recommendation, any party may object
within 14 days by serving and filing written objections to the magistrate judge’s proposed
findings and recommendations. 28 U.S.C. § 636(b)(1)(C). Failure to object results in waiver of
the right to a de novo review of the Report and Recommendation by the district court. See United
States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). Plaintiffs were advised of their right to
object to the Report and Recommendation and the consequences of failing to do so. (ECF No.
23, PageID 134.) Plaintiffs did not object to the Report and Recommendation.
Accordingly, the Court ADOPTS and AFFIRMS the Report and Recommendation.
(ECF No. 23.) Plaintiffs’ action is DISMISSED for failure to prosecute under Federal Rule of
Civil Procedure 41(b). Defendants’ Motion to Dismiss is DENIED as moot. (ECF No. 12.)
The Clerk is DIRECTED to enter judgment and close this case.
The Clerk is further DIRECTED to mail a copy of this Order to Plaintiffs Amenata
Tunkara and Hagie Camara at 5628 Great Woods Boulevard, Columbus, Ohio 43231.
IT IS SO ORDERED.
2/5/2026 	s/Edmund A. Sargus, Jr.
DATE 	EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE
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