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
- Unknown