UNITED STATES DISTRICT COURT                           
                    DISTRICT OF MINNESOTA                               

James Paul Aery,                    Case No. 24-cv-3246 (NEB/LIB)       

              Plaintiff,                                                

v.                               REPORT AND RECOMMENDATION              

Brian Birt,                                                             

              Defendant.                                                


   This matter comes before the undersigned United States Magistrate Judge upon the routine 
supervision of the cases that pend before the Court, pursuant to a general assignment made in 
accordance with the provisions of 

.                        
   In an Order dated August 27, 2024, this Court directed Plaintiff James Paul Aery to pay 
the full statutory filing fee of $405 for this action. (See Order [Docket No. 3]). Plaintiff was given 
thirty days from the date of the August 27, 2024, Order to comply. (Id.). Plaintiff was forewarned 
that if he failed to pay this action’s filing fee in the time permitted, it would be recommended that 
this action be dismissed without prejudice for failure to prosecute. (See 

) (citing Fed. R. 
Civ. P. 41(b)).                                                           
   That deadline has now passed, and Plaintiff has not paid the filing fee. In fact, Plaintiff 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 Plaintiff, that this 
action be dismissed without prejudice under Rule 41(b) for failure to prosecute. 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.”).   
   Therefore, 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 Federal Rule of Civil Procedure 41(b) for failure to prosecute. 


Dated: October 10, 2024         _s/ Leo I. Brisbois_____________        
                                Hon. Leo I. Brisbois                    
                                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).      

                 UNITED STATES DISTRICT COURT                           
                    DISTRICT OF MINNESOTA                               

James Paul Aery,                    Case No. 24-cv-3246 (NEB/LIB)       

              Plaintiff,                                                

v.                               REPORT AND RECOMMENDATION              

Brian Birt,                                                             

              Defendant.                                                


   This matter comes before the undersigned United States Magistrate Judge upon the routine 
supervision of the cases that pend before the Court, pursuant to a general assignment made in 
accordance with the provisions of 

.                        
   In an Order dated August 27, 2024, this Court directed Plaintiff James Paul Aery to pay 
the full statutory filing fee of $405 for this action. (See Order [Docket No. 3]). Plaintiff was given 
thirty days from the date of the August 27, 2024, Order to comply. (Id.). Plaintiff was forewarned 
that if he failed to pay this action’s filing fee in the time permitted, it would be recommended that 
this action be dismissed without prejudice for failure to prosecute. (See 

) (citing Fed. R. 
Civ. P. 41(b)).                                                           
   That deadline has now passed, and Plaintiff has not paid the filing fee. In fact, Plaintiff 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 Plaintiff, that this 
action be dismissed without prejudice under Rule 41(b) for failure to prosecute. 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.”).   
   Therefore, 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 Federal Rule of Civil Procedure 41(b) for failure to prosecute. 


Dated: October 10, 2024         _s/ Leo I. Brisbois_____________        
                                Hon. Leo I. Brisbois                    
                                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).