Curtis v. O'Malley
U.S. District Court, District of Minnesota
Curtis v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Henry C., Case No. 24-cv-1849 (KMM/TNL)
Plaintiff,
v. ORDER
Martin J. O’Malley, Commissioner of the
Social Security Administration,
Defendant.
This matter is before the Court on a Report and Recommendation (“R&R”) issued
by Magistrate Judge Tony N. Leung. ECF No. 6. On May 19, 2024, Mr. C. was instructed
to pay a $405.00 filing fee or to apply for in forma pauperis (“IFP”) status. ECF No. 2.
Because Mr. C. failed to pay the filing fee or to apply for IFP, on June 18, 2024, Judge
Leung recommended dismissing Mr. C.’s action without prejudice under Fed. R. Civ. P.
41(b) for failure to prosecute. Mr. C. has not objected to the R&R, and the time to do so
has passed. Indeed, Mr. C. has not communicated with the Court in any way since he first
filed his complaint.
The Court reviews de novo any portion of the R&R to which specific objections are
made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th
Cir. 1996) (per curiam)). The Court has conducted that review, and accepts the R&R.
IT IS HEREBY ORDERED THAT this matter is DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Date: October 1, 2024 s/Katherine Menendez
Katherine Menendez
United States District Judge
2 Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Henry C., Case No. 24-cv-1849 (KMM/TNL)
Plaintiff,
v. ORDER
Martin J. O’Malley, Commissioner of the
Social Security Administration,
Defendant.
This matter is before the Court on a Report and Recommendation (“R&R”) issued
by Magistrate Judge Tony N. Leung. ECF No. 6. On May 19, 2024, Mr. C. was instructed
to pay a $405.00 filing fee or to apply for in forma pauperis (“IFP”) status. ECF No. 2.
Because Mr. C. failed to pay the filing fee or to apply for IFP, on June 18, 2024, Judge
Leung recommended dismissing Mr. C.’s action without prejudice under Fed. R. Civ. P.
41(b) for failure to prosecute. Mr. C. has not objected to the R&R, and the time to do so
has passed. Indeed, Mr. C. has not communicated with the Court in any way since he first
filed his complaint.
The Court reviews de novo any portion of the R&R to which specific objections are
made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County,563 F. Supp. 3d 946
, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon,73 F.3d 793, 795
(8th
Cir. 1996) (per curiam)). The Court has conducted that review, and accepts the R&R.
IT IS HEREBY ORDERED THAT this matter is DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Date: October 1, 2024 s/Katherine Menendez
Katherine Menendez
United States District Judge
2 Reference
- Status
- Unknown