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
- Status
- Unknown