Lewis v. Dayton
Lewis v. Dayton
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Brandy Owen Lewis, Case No. 12-CV-0593 (SRN/ECW) Plaintiff, v. ORDER OF DISMISSAL Governor Mark Dayton, et al., Defendants.
SUSAN RICHARD NELSON, United States District Judge This matter was stayed over a decade ago pending the resolution of Karsjens v. Minnesota Department of Human Services, No. 11-cv-3659 (DWF/TNL). Judgment has now been entered in Karsjens, and accordingly, the stay of this matter has now been lifted.
Prior to the lifting of the stay, plaintiff Brandy Owen Lewis was twice directed to provide notice of his intent to continue prosecuting this proceeding. See Order of June 27, 2022 [Doc. No. 19]; Order of August 25, 2022 [Doc. No. 20]. In the second of those two orders, Lewis was directed to inform the Court of his intent to prosecute this matter within days, failing which this matter would be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b).
That deadline has now passed, and Lewis has still not responded in any way to the Court’s orders directing him to provide notice of his intent to prosecute. Accordingly, this Court now directs, in accordance with its prior orders, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. See 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.”). Each of the motions filed by Lewis at the time of the commencement of this action will be denied as moot in light of the dismissal without prejudice for failure to prosecute.
Based on the submissions and the entire file and proceedings herein, IT IS HEREBY ORDERED THAT: 1. This matter is DISMISSED WITHOUT PREJUDICE for failure to prosecute.
2. The application to proceed in forma pauperis of plaintiff Brandy Owen Lewis [Doc. No. 2] is DENIED AS MOOT.
3. Lewis’s motion for appointment of counsel [Doc. No. 4] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 3, 2022 s/Susan Richard Nelson SUSAN RICHARD NELSON United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Brandy Owen Lewis, Case No. 12-CV-0593 (SRN/ECW) Plaintiff, v. ORDER OF DISMISSAL Governor Mark Dayton, et al., Defendants.
SUSAN RICHARD NELSON, United States District Judge This matter was stayed over a decade ago pending the resolution of Karsjens v. Minnesota Department of Human Services, No. 11-cv-3659 (DWF/TNL). Judgment has now been entered in Karsjens, and accordingly, the stay of this matter has now been lifted.
Prior to the lifting of the stay, plaintiff Brandy Owen Lewis was twice directed to provide notice of his intent to continue prosecuting this proceeding. See Order of June 27, 2022 [Doc. No. 19]; Order of August 25, 2022 [Doc. No. 20]. In the second of those two orders, Lewis was directed to inform the Court of his intent to prosecute this matter within days, failing which this matter would be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b).
That deadline has now passed, and Lewis has still not responded in any way to the Court’s orders directing him to provide notice of his intent to prosecute. Accordingly, this Court now directs, in accordance with its prior orders, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. See 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.”). Each of the motions filed by Lewis at the time of the commencement of this action will be denied as moot in light of the dismissal without prejudice for failure to prosecute.
Based on the submissions and the entire file and proceedings herein, IT IS HEREBY ORDERED THAT: 1. This matter is DISMISSED WITHOUT PREJUDICE for failure to prosecute.
2. The application to proceed in forma pauperis of plaintiff Brandy Owen Lewis [Doc. No. 2] is DENIED AS MOOT.
3. Lewis’s motion for appointment of counsel [Doc. No. 4] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 3, 2022 s/Susan Richard Nelson SUSAN RICHARD NELSON United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.