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

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