Mahbub v. Frietag et al

Filing 50

ORDER declining 48 Report and Recommendation. (Written Opinion) Signed by Senior Judge David S. Doty on 5/17/2019. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No.: 18-790(DSD/SER)
Maksud Ul Mahbub,
Plaintiff,
v.

ORDER

Kurt Freitag, Sheriff, Freeborn County;
Jack G. Serier, Sheriff, Ramsey County;
John Choi, Ramsey County Attorney,
Ramsey County; and Lori Swanson,
Attorney General, State of Minnesota,
Defendants.
This

matter

is

before

the

court

upon

the

objection

by

defendants Kurt Freitag, Sheriff of Freeborn County, and Freeborn
County

to

the

April

30,

2019,

report

Magistrate Judge Steven E. Rau (R&R).

and

recommendation

of

The magistrate judge

recommended that the court enter default judgment against the
Freeborn County defendants due to their failure to respond to the
complaint.

The

court

reviews

the

R&R

de

novo.

28

U.S.C.

§ 636(b)(1)(C); Fed. R. Civ. P. 72(b); D. Minn. L.R. 72.2(b).
The Freeborn County defendants timely objected to the R&R, and
have apologized for their failure to respond to the complaint.
They argue that the R&R should be overruled and that the complaint
should be dismissed as moot.

Although the court is troubled by

defendants’ failure to respond to this lawsuit, the case cannot
proceed under the current facts.
Plaintiff Maksud Ul Mahbub’s claim against the Freeborn County
defendants is based on his alleged inability to access needed legal

resources while housed at the Freeborn County Detention Center. He
requested only injunctive relief relating to that claim.
Although his exact location is unknown, it appears that Mahbub
is no longer detained in the Freeborn County Detention Center. His
address is listed as a private residence in Maple Grove, Minnesota,
but he has also indicated to the court that he has been deported.
See ECF No. 34.

In any event, the fact that he is no longer in the

Freeborn County Detention Center means that he cannot maintain a
claim for injunctive relief against the Freeborn County defendants.
As a result, the court must decline to adopt the R&R.
Accordingly, IT IS HEREBY ORDERED that the claim against Kurt
Freitag and Freeborn County is dismissed with prejudice as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 17, 2019
s/David S. Doty
David S. Doty, Judge
United States District Court

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