Holmes v. County of Ramsey

U.S. District Court, District of Minnesota

Holmes v. County of Ramsey

Trial Court Opinion

                UNITED STATES DISTRICT COURT                            
                   DISTRICT OF MINNESOTA                                

Stephan Nicholas Holmes,           Case No. 24-cv-2879 (JWB/DJF)        

              Plaintiff,                                                

v.                                       REPORT AND                     
                                      RECOMMENDATION                    
County  of  Ramsey,  Ramsey  County                                     
Correctional  Health,  Ramsey  County                                   
Sheriff’s, Kristen, Rodriguez, Vanvraahen,                              
Jane Does 1–4, Jane Does 4–10, and John                                 
Does 1–14,                                                              

              Defendants.                                               

   On May 15, 2024, this Court issued an order requiring Plaintiff Stephan Nicholas 
Holmes to submit an initial partial filing fee of $12.00.  (See ECF No. 3 at 2–3.)  The Order 
gave Mr. Holmes until August 27, 2024, to pay this fee, failing which the Court would 
recommend dismissing this action without prejudice for failure to prosecute.  (See id.)  
Mr. Holmes has not submitted the required fee; indeed, he has not communicated with the 
Court  at  all  since  filing  this  action.    (See  Docket.)    Accordingly,  this  Court  now 
recommends  dismissing  this  action  without  prejudice  under  Federal  Rule  of  Civil 
Procedure 41(b) for failure to prosecute.  See, e.g., 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 RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE         

under Federal Rule of Civil Procedure 41(b) for failure to prosecute.     

Dated: September 4, 2024        s/ Dulce J. Foster                      
                                DULCE J. FOSTER                         
                                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                                

Stephan Nicholas Holmes,           Case No. 24-cv-2879 (JWB/DJF)        

              Plaintiff,                                                

v.                                       REPORT AND                     
                                      RECOMMENDATION                    
County  of  Ramsey,  Ramsey  County                                     
Correctional  Health,  Ramsey  County                                   
Sheriff’s, Kristen, Rodriguez, Vanvraahen,                              
Jane Does 1–4, Jane Does 4–10, and John                                 
Does 1–14,                                                              

              Defendants.                                               

   On May 15, 2024, this Court issued an order requiring Plaintiff Stephan Nicholas 
Holmes to submit an initial partial filing fee of $12.00.  (See ECF No. 3 at 2–3.)  The Order 
gave Mr. Holmes until August 27, 2024, to pay this fee, failing which the Court would 
recommend dismissing this action without prejudice for failure to prosecute.  (See id.)  
Mr. Holmes has not submitted the required fee; indeed, he has not communicated with the 
Court  at  all  since  filing  this  action.    (See  Docket.)    Accordingly,  this  Court  now 
recommends  dismissing  this  action  without  prejudice  under  Federal  Rule  of  Civil 
Procedure 41(b) for failure to prosecute.  See, e.g., 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 RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE         

under Federal Rule of Civil Procedure 41(b) for failure to prosecute.     

Dated: September 4, 2024        s/ Dulce J. Foster                      
                                DULCE J. FOSTER                         
                                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

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