UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                

Cassandra Hope Bennett,            Case No. 24-CV-3244 (NEB/TNL)        

              Plaintiff,                                                

v.                              REPORT AND RECOMMENDATION               

Minnesota Department of Corrections and                                 
Paul Schnell,                                                           

              Defendants.                                               

   On August 20, 2024, this Court ordered Plaintiff Cassandra Hope Bennett to pay an 
initial partial filing fee of at least $57.47.  [See ECF No. 3 at 2.]  The Court gave Bennett 
21 days—that is, until September 10, 2024—to pay the fee, failing which the Court would 
recommend dismissing this matter without prejudice for failure to prosecute under Federal 
Rule of Civil Procedure 41(b).  [See id. at 2–3.]  Bennett has not submitted the required 
fee.  The Court thus recommends dismissing this action without prejudice for failure to 
prosecute.  See, e.g., 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.”). Given this recommendation, the Court further recom-
mends denying as moot Bennett’s Application to Proceed in District Court Without Pre-
paying Fees or Costs [ECF No. 2].                                         
                     RECOMMENDATION                                     
   Based on the foregoing, and on all of the files, records, and proceedings herein, IT 

IS HEREBY RECOMMENDED THAT:                                               
        1.   This action be DISMISSED WITHOUT PREJUDICE under Fed-      
             eral Rule of Civil Procedure 41(b) for failure to prosecute. 
        2.   Plaintiff Cassandra Hope Bennett’s Application to Proceed in District 
             Court Without Prepaying Fees or Costs [ECF No. 2] be DENIED as 
             moot.                                                      
                                s/ Tony N. Leung                        
Dated: September 17, 2024                                               
                                __________________________________      
                                Tony N. Leung                           
                                United States Magistrate Judge          

                                Bennett v. Minnesota Department of Cor- 
                                rections                                
                                Case No. 24-CV-3244 (NEB/TNL)           
                           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                                

Cassandra Hope Bennett,            Case No. 24-CV-3244 (NEB/TNL)        

              Plaintiff,                                                

v.                              REPORT AND RECOMMENDATION               

Minnesota Department of Corrections and                                 
Paul Schnell,                                                           

              Defendants.                                               

   On August 20, 2024, this Court ordered Plaintiff Cassandra Hope Bennett to pay an 
initial partial filing fee of at least $57.47.  [See ECF No. 3 at 2.]  The Court gave Bennett 
21 days—that is, until September 10, 2024—to pay the fee, failing which the Court would 
recommend dismissing this matter without prejudice for failure to prosecute under Federal 
Rule of Civil Procedure 41(b).  [See id. at 2–3.]  Bennett has not submitted the required 
fee.  The Court thus recommends dismissing this action without prejudice for failure to 
prosecute.  See, e.g., 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.”). Given this recommendation, the Court further recom-
mends denying as moot Bennett’s Application to Proceed in District Court Without Pre-
paying Fees or Costs [ECF No. 2].                                         
                     RECOMMENDATION                                     
   Based on the foregoing, and on all of the files, records, and proceedings herein, IT 

IS HEREBY RECOMMENDED THAT:                                               
        1.   This action be DISMISSED WITHOUT PREJUDICE under Fed-      
             eral Rule of Civil Procedure 41(b) for failure to prosecute. 
        2.   Plaintiff Cassandra Hope Bennett’s Application to Proceed in District 
             Court Without Prepaying Fees or Costs [ECF No. 2] be DENIED as 
             moot.                                                      
                                s/ Tony N. Leung                        
Dated: September 17, 2024                                               
                                __________________________________      
                                Tony N. Leung                           
                                United States Magistrate Judge          

                                Bennett v. Minnesota Department of Cor- 
                                rections                                
                                Case No. 24-CV-3244 (NEB/TNL)           
                           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).