King v. Bellinger

U.S. District Court, District of Minnesota

King v. Bellinger

Trial Court Opinion

               UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                

ARRON KING,                        Case No. 24-CV-2432 (JWB/JFD)        

              Plaintiff,                                                

v.                              REPORT AND RECOMMENDATION               

BELLINGER, Officer DOC,                                                 

              Defendant.                                                


   In an Order dated July 19, 2024, this Court directed Plaintiff Arron King to submit 
an IFP application or a facility trust account statement from which his initial partial filing 
fee could be calculated, as required by 
28 U.S.C. § 1915
(b). (Dkt. No. 3.) Mr. King was 
given 21 days to do this, failing which it would be recommended that this action be 
dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). 
   That  deadline  has  now  passed,  and  Mr.  King  has  not  submitted  the  required 
documentation.  In fact, Mr. King 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 Mr. King, 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.”).          
   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 26, 2024          _s/  John F. Docherty_______________    
                                JOHN F. DOCHERTY                        
                                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                                

ARRON KING,                        Case No. 24-CV-2432 (JWB/JFD)        

              Plaintiff,                                                

v.                              REPORT AND RECOMMENDATION               

BELLINGER, Officer DOC,                                                 

              Defendant.                                                


   In an Order dated July 19, 2024, this Court directed Plaintiff Arron King to submit 
an IFP application or a facility trust account statement from which his initial partial filing 
fee could be calculated, as required by 
28 U.S.C. § 1915
(b). (Dkt. No. 3.) Mr. King was 
given 21 days to do this, failing which it would be recommended that this action be 
dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). 
   That  deadline  has  now  passed,  and  Mr.  King  has  not  submitted  the  required 
documentation.  In fact, Mr. King 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 Mr. King, 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.”).          
   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 26, 2024          _s/  John F. Docherty_______________    
                                JOHN F. DOCHERTY                        
                                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
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