UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                

Faber Hurtado-Obregon,             Case No. 24-CV-3044 (JRT/TNL)        

              Petitioner,                                               

v.                              REPORT AND RECOMMENDATION               

United States of America,                                               

              Respondent.                                               


   In a letter dated July 30, 2024, this Court directed petitioner Faber Hurtado-
Obregon to pay the filing fee for this matter or apply for in forma pauperis (“IFP”) status.  
See Dkt. No. 2.  Hurtado was given 15 days to pay the filing fee or submit an IFP 
application, failing which it would be recommended that this action be dismissed without 
prejudice for failure to prosecute.  See id.                              
   That deadline has now passed, and Hurtado has not paid the filing fee for this 
matter or applied for IFP status.  In fact, Hurtado 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 Hurtado, 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, 

 
(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 28, 2024          s/ Tony N. Leung                        

                                _________________________________       
                                Tony N. Leung                           
                                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).                                          

               UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                

Faber Hurtado-Obregon,             Case No. 24-CV-3044 (JRT/TNL)        

              Petitioner,                                               

v.                              REPORT AND RECOMMENDATION               

United States of America,                                               

              Respondent.                                               


   In a letter dated July 30, 2024, this Court directed petitioner Faber Hurtado-
Obregon to pay the filing fee for this matter or apply for in forma pauperis (“IFP”) status.  
See Dkt. No. 2.  Hurtado was given 15 days to pay the filing fee or submit an IFP 
application, failing which it would be recommended that this action be dismissed without 
prejudice for failure to prosecute.  See id.                              
   That deadline has now passed, and Hurtado has not paid the filing fee for this 
matter or applied for IFP status.  In fact, Hurtado 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 Hurtado, 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, 

 
(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 28, 2024          s/ Tony N. Leung                        

                                _________________________________       
                                Tony N. Leung                           
                                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).