Howell v. Regions Hospital
U.S. District Court, District of Minnesota
Howell v. Regions Hospital
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
William Howell, Case No. 24-cv-3618 (JMB/DTS)
Plaintiff,
v. REPORT AND RECOMMENDATION
Regions Hospital,
Defendant.
In a letter dated September 11, 2024, the Clerk of Court directed plaintiff William
Howell to either pay the filing fee for this matter or submit an application to proceed in
forma pauperis (IFP). See Docket No. 2. Howell was given 15 days to pay the filing fee
or apply for IFP status, failing which—he was warned—this action could be dismissed
without prejudice. Id.
That deadline has now passed, and Howell has not paid the required filing fee or
submitted an IFP application. In fact, Howell 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 Howell, that this action be dismissed
without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to
prosecute. See 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
For the reasons set forth above, the Court RECOMMENDS THAT: this action be
DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Dated: October 9, 2024 __s/David T. Schultz_____
DAVID T. SCHULTZ
U.S. 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
William Howell, Case No. 24-cv-3618 (JMB/DTS)
Plaintiff,
v. REPORT AND RECOMMENDATION
Regions Hospital,
Defendant.
In a letter dated September 11, 2024, the Clerk of Court directed plaintiff William
Howell to either pay the filing fee for this matter or submit an application to proceed in
forma pauperis (IFP). See Docket No. 2. Howell was given 15 days to pay the filing fee
or apply for IFP status, failing which—he was warned—this action could be dismissed
without prejudice. Id.
That deadline has now passed, and Howell has not paid the required filing fee or
submitted an IFP application. In fact, Howell 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 Howell, that this action be dismissed
without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to
prosecute. See 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
For the reasons set forth above, the Court RECOMMENDS THAT: this action be
DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute.
Dated: October 9, 2024 __s/David T. Schultz_____
DAVID T. SCHULTZ
U.S. 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