Zills v. Zehoski
U.S. District Court, District of Minnesota
Zills v. Zehoski
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
SHAUN ZILLS, Case No. 24-CV-3420 (JRT/JFD)
Plaintiff,
v. REPORT AND RECOMMENDATION
MATTHEW ZEHOSKI, WOOC
Associate Warden of Administration;
RON BERGMAN, Education Director;
MICHAEL SCHNEIDER, Librarian –
MCF – Lino Lakes; and MARTHALLER,
Correctional Officer for Education – MCF
– Lino Lakes, in their individual and
official capacities,
Defendants.
In an order dated September 6, 2024, this Court directed plaintiff Shaun Zills to pay
an initial partial filing fee of at least $25.93, consistent with 28 U.S.C. § 1915(b). (Dkt. No. 5.) Mr. Zills was given 21 days to pay the required initial partial filing fee, failing which it would be recommended that this action be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). That deadline has now passed, and Mr. Zills has not paid the required initial partial filing fee. In fact, Mr. Zills has not communicated with the Court about this case at all since commencing this action. Accordingly, this Court now recommends, consistent with the warning previously given to Mr. Zills, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. See Wewerka v. Roper,431 F. App’x 517
, 517 (8th Cir.
2011) (per curiam) (affirming dismissal without prejudice pursuant to Rule 41(b) following
prisoner’s failure to pay initial partial filing fee).
Based upon the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Dated: October 7, 2024 s/ John F. Docherty_________________
JOHN F. DOCHERTY
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
SHAUN ZILLS, Case No. 24-CV-3420 (JRT/JFD)
Plaintiff,
v. REPORT AND RECOMMENDATION
MATTHEW ZEHOSKI, WOOC
Associate Warden of Administration;
RON BERGMAN, Education Director;
MICHAEL SCHNEIDER, Librarian –
MCF – Lino Lakes; and MARTHALLER,
Correctional Officer for Education – MCF
– Lino Lakes, in their individual and
official capacities,
Defendants.
In an order dated September 6, 2024, this Court directed plaintiff Shaun Zills to pay
an initial partial filing fee of at least $25.93, consistent with 28 U.S.C. § 1915(b). (Dkt. No. 5.) Mr. Zills was given 21 days to pay the required initial partial filing fee, failing which it would be recommended that this action be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). That deadline has now passed, and Mr. Zills has not paid the required initial partial filing fee. In fact, Mr. Zills has not communicated with the Court about this case at all since commencing this action. Accordingly, this Court now recommends, consistent with the warning previously given to Mr. Zills, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. See Wewerka v. Roper,431 F. App’x 517
, 517 (8th Cir.
2011) (per curiam) (affirming dismissal without prejudice pursuant to Rule 41(b) following
prisoner’s failure to pay initial partial filing fee).
Based upon the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT
PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Dated: October 7, 2024 s/ John F. Docherty_________________
JOHN F. DOCHERTY
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