Harrison v. Federal Bureau of Prisons
U.S. District Court, District of Minnesota
Harrison v. Federal Bureau of Prisons
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Sharease Harrison, Case No. 24-CV-2657 (JWB/ECW)
Petitioner,
v. REPORT AND RECOMMENDATION
Federal Bureau of Prisons and Waseca
FCI,
Respondents.
In a letter dated July 9, 2024, the Clerk of Court directed petitioner Sharease
Harrison to pay the $5.00 filing fee for this habeas corpus matter or, if she was unable to
pay that filing fee, apply for in forma pauperis (“IFP”) status. See Dkt. No 2. Harrison
was given 15 days to pay the required filing fee or apply for IFP status, failing this action
could be dismissed without prejudice. See id.
That deadline has now passed, and Harrison has not paid the filing fee or
submitted an IFP application. In fact, Harrison has not communicated with the Court
about this case at all since commencing this action. Accordingly, this Court now
recommends, consistent with the warning previously given to Harrison, that this action be
dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure 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.”).
RECOMMENDATION
Based upon the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Dated: August 7, 2024 s/Elizabeth Cowan Wright
ELIZABETH COWAN WRIGHT
United States Magistrate Judge
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the
District Court and is therefore not appealable directly to the Eighth Circuit Court of
Appeals.
Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a
magistrate judge’s proposed finding and recommendations within 14 days after being
served a copy” of the Report and Recommendation. A party may respond to those
objections within 14 days after being served a copy of the objections. See Local
Rule 72.2(b)(2). All objections and responses must comply with the word or line limits
set forth in Local Rule 72.2(c). Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Sharease Harrison, Case No. 24-CV-2657 (JWB/ECW)
Petitioner,
v. REPORT AND RECOMMENDATION
Federal Bureau of Prisons and Waseca
FCI,
Respondents.
In a letter dated July 9, 2024, the Clerk of Court directed petitioner Sharease
Harrison to pay the $5.00 filing fee for this habeas corpus matter or, if she was unable to
pay that filing fee, apply for in forma pauperis (“IFP”) status. See Dkt. No 2. Harrison
was given 15 days to pay the required filing fee or apply for IFP status, failing this action
could be dismissed without prejudice. See id.
That deadline has now passed, and Harrison has not paid the filing fee or
submitted an IFP application. In fact, Harrison has not communicated with the Court
about this case at all since commencing this action. Accordingly, this Court now
recommends, consistent with the warning previously given to Harrison, that this action be
dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure 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.”).
RECOMMENDATION
Based upon the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Dated: August 7, 2024 s/Elizabeth Cowan Wright
ELIZABETH COWAN WRIGHT
United States Magistrate Judge
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the
District Court and is therefore not appealable directly to the Eighth Circuit Court of
Appeals.
Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a
magistrate judge’s proposed finding and recommendations within 14 days after being
served a copy” of the Report and Recommendation. A party may respond to those
objections within 14 days after being served a copy of the objections. See Local
Rule 72.2(b)(2). All objections and responses must comply with the word or line limits
set forth in Local Rule 72.2(c). Reference
- Status
- Unknown