Raper v. Millender

U.S. District Court, District of Minnesota

Raper v. Millender

Trial Court Opinion

               UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                

Jeramiah Christopher Raper        Case No. 24-CV-02789 (JWB/ECW)        

              Plaintiff,                                                

v.                              REPORT AND RECOMMENDATION               

Nate Millender, Medical Provider; Darren                                
Haugen, P.T.; Dr. Shicker, Medical                                      
Director; and Centurion Health Care                                     
Provider,                                                               

              Defendants.                                               


   In an order dated July 23, 2024, this Court directed Plaintiff Jeramiah Christopher 
Raper to provide sufficient financial information so that this Court could calculate his 
initial partial filing fee in accordance with 
28 U.S.C. § 1915
(b).  (See Dkt. 4).  Raper was 
given 21 days from the date of the Order, or until August 13, 2024, to provide the 
required information, 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 
Order was not returned as undeliverable.                                  
   That deadline has now passed, and Raper has not submitted the required financial 
information.  In fact, Raper 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 Raper, 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.”).               
                      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 22, 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                                

Jeramiah Christopher Raper        Case No. 24-CV-02789 (JWB/ECW)        

              Plaintiff,                                                

v.                              REPORT AND RECOMMENDATION               

Nate Millender, Medical Provider; Darren                                
Haugen, P.T.; Dr. Shicker, Medical                                      
Director; and Centurion Health Care                                     
Provider,                                                               

              Defendants.                                               


   In an order dated July 23, 2024, this Court directed Plaintiff Jeramiah Christopher 
Raper to provide sufficient financial information so that this Court could calculate his 
initial partial filing fee in accordance with 
28 U.S.C. § 1915
(b).  (See Dkt. 4).  Raper was 
given 21 days from the date of the Order, or until August 13, 2024, to provide the 
required information, 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 
Order was not returned as undeliverable.                                  
   That deadline has now passed, and Raper has not submitted the required financial 
information.  In fact, Raper 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 Raper, 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.”).               
                      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 22, 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
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