Kanneh v. Burleigh County Detention Center

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS; adopting 38 Report and Recommendations; dismissing the action without prejudice and denying as moot 25 Motion to Dismiss by Judge Daniel L. Hovland. (MM) Distributed on 11/17/2014. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Alahaji Mohamed Musa Kanneh,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:13-cv-067
Burleigh County,
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Defendant.
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______________________________________________________________________________
The Plaintiff, Alahaji Mohamed Musa Kanneh, was a pretrial detainee at the Burleigh
County Detention Center. He initiated this 42 U.S.C. § 1983 civil rights action against Burleigh
County for deliberate indifference to his religious beliefs in July 2013. See Docket No.6. On
February 20, 2014, the Defendant filed a motion to dismiss. See Docket No. 25. The motion was
referred to Magistrate Judge Charles S. Miller, Jr. for a Report and Recommendation. The Plaintiff
filed a response to the motion on March 27, 2014. See Docket No. 33. The Defendant filed a reply
on April 1, 2014. See Docket No. 34. The Defendant filed a supplemental response on April 9,
2014.

See Docket No. 37.

On October 28, 2014, Judge Miller issued his Report and

Recommendation in which he recommended denying the Defendant’s motion to dismiss. See
Docket No. 38. Judge Miller also recommended dismissing the action without prejudice if attempts
to mail the Report and Recommendation failed and Kanneh did not provide the Court with an
updated mailing address within the fourteen (14) day period permitted for the filing of objections
to the Report and Recommendation. No objections were filed.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. Attempts to mail
Judge Miller’s Report and Recommendation failed as Kanneh no longer resides at the Heart of

America Correctional and Treatment Center in Rugby, North Dakota. The mail was returned
undeliverable. Kanneh has failed to provide the Court with an updated mailing address and his
whereabouts are unknown. Under these circumstances, it is not possible for the case to proceed.
Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 38) in its
entirety. The Defendant’s motion for summary judgment (Docket No. 25) is DENIED as moot and
the action is dismissed without prejudice. Let judgment be entered accordingly.
IT IS SO ORDERED.
Dated this 17th day of November, 2014.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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