Abdi et al v. Jennings et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MIGANO ABDI, and DUHIRA HASSAN,
Plaintiffs,
vs.
JESSICA JENNINGS, Child and family
service specialist; NEBRASKA MEDICAL
CENTER, and NEBRASKA DEPT. OF
HEALTH AND HUMAN SERVICES, CPS
DIVISION,
Defendants.
8:25CV515
MEMORANDUM AND ORDER
This matter is before the Court on a motion filed by Plaintiffs Migano Abdi and
Duhira Hassan (“Plaintiffs”) who are proceeding in forma pauperis,1 seeking an
“investigation” into the “conduct, negligence, and oversight” of the Nebraska Department
of Health and Human Services (Children and Family Services Division), and any other
state entities overseeing the supervision and custody of Plaintiffs’ daughter (the “Motion”).
Filing No. 9. For the reasons that follow, the Motion shall be denied without prejudice.
The Court is required to review in forma pauperis complaints to determine whether
summary dismissal is appropriate. See 28 U.S.C. § 1915(e). The Court must dismiss a
complaint or any portion of it that states a frivolous or malicious claim, that fails to state a
claim upon which relief may be granted, or that seeks monetary relief from a defendant
who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). Because the Initial Review
has not yet been performed, the Motion shall be denied without prejudice as any motion
seeking discovery of information, as this Court construes Plaintiffs’ request for
1 See Filing No. 6; Filing No. 8 (granting leave to proceed in forma pauperis).
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2
“investigation,” is premature until the Court has determined upon initial review that the
Complaint may proceed to service of process. See Jackson v. Herrington, 393 F. App'x
348, 353 (6th Cir. 2010) (“Rule 4 requires plaintiffs to serve each defendant with a
summons and a copy of the complaint. But district courts cannot issue summonses in in
forma pauperis prisoner [or non-prisoner] cases until after screening the complaint for
frivolousness and other defects under 28 U.S.C. §§ 1915(e) and 1915A(b).”) (citation
omitted). As such, formal discovery has not yet begun and shall not take place until after
the Court performs its Initial Review and determines this matter may proceed to service
of process, and until (if the matter is deemed eligible to proceed) after the Court enters a
progression order after all defendants have been served and responded.
IT IS THEREFORE ORDERED that:
1. The Motion, Filing No. 9, is denied without prejudice as premature.
2. Plaintiffs are advised that the next step in their case will be for the Court to
conduct an initial review of Plaintiffs’ claims to determine whether summary dismissal is
appropriate under 28 U.S.C. § 1915(e)(2). The Court will conduct this initial review in its
normal course of business.
Dated this 6th day of January, 2026.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Court
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