Dickens v. Allen Parish Jail
U.S. District Court, District of Minnesota
Dickens v. Allen Parish Jail
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Thomas Dickens, Case No. 24-cv-3448 (JMB/DLM)
Petitioner,
REPORT AND
v.
RECOMMENDATION
Allen Parish Jail,
Respondent.
On August 28, 2024, the Clerk of this Court sent Petitioner Thomas Dickens a letter
indicating that: (1) the Court had not received either this action’s filing fee or an application
to proceed in forma pauperis (“IFP”) in this action; (2) Mr. Dickens had 15 days (i.e., until
September 12, 2024) to submit the fee or an application; and (3) if he failed to do so, his
case “could be summarily dismissed without prejudice.” (Doc. 2 at 1.) That deadline has
now passed, and Mr. Dickens has not submitted a filing fee or an IFP application. In fact,
there is no record of him communicating with the Court about this action at all since filing
it. Accordingly, the 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 on the above, and on all of the files, records, and proceedings in this matter,
IT IS RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE
under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Date: September 27, 2024 s/Douglas L. Micko
DOUGLAS L. MICKO
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 findings and recommendations within 14 days
after being served with 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
Thomas Dickens, Case No. 24-cv-3448 (JMB/DLM)
Petitioner,
REPORT AND
v.
RECOMMENDATION
Allen Parish Jail,
Respondent.
On August 28, 2024, the Clerk of this Court sent Petitioner Thomas Dickens a letter
indicating that: (1) the Court had not received either this action’s filing fee or an application
to proceed in forma pauperis (“IFP”) in this action; (2) Mr. Dickens had 15 days (i.e., until
September 12, 2024) to submit the fee or an application; and (3) if he failed to do so, his
case “could be summarily dismissed without prejudice.” (Doc. 2 at 1.) That deadline has
now passed, and Mr. Dickens has not submitted a filing fee or an IFP application. In fact,
there is no record of him communicating with the Court about this action at all since filing
it. Accordingly, the 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 on the above, and on all of the files, records, and proceedings in this matter,
IT IS RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE
under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Date: September 27, 2024 s/Douglas L. Micko
DOUGLAS L. MICKO
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 findings and recommendations within 14 days
after being served with 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