Jones v. Segal
U.S. District Court, District of Minnesota
Jones v. Segal
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Vontia Jones, Case No. 24-CV-3671 (KMM/TNL)
Petitioner,
v. REPORT AND RECOMMENDATION
Michael Segal, Warden,
Respondent.
In a letter dated September 16, 2024, the Clerk of Court directed petitioner Vontia
Jones to pay the filing fee for this matter or apply for in forma pauperis (“IFP”) status.
See Dkt. No. 2. Jones was further warned that if she did not pay the filing fee or submit
an IFP application by October 1, 2024, this matter could be dismissed without prejudice.
See id.
That deadline has now passed, and Jones has not paid the filing fee for this matter
or applied for IFP status. In fact, Jones 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 Jones, 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
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.
s/Tony N. Leung
Dated: October 21, 2024
__________________________________
Tony N. Leung
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
Vontia Jones, Case No. 24-CV-3671 (KMM/TNL)
Petitioner,
v. REPORT AND RECOMMENDATION
Michael Segal, Warden,
Respondent.
In a letter dated September 16, 2024, the Clerk of Court directed petitioner Vontia
Jones to pay the filing fee for this matter or apply for in forma pauperis (“IFP”) status.
See Dkt. No. 2. Jones was further warned that if she did not pay the filing fee or submit
an IFP application by October 1, 2024, this matter could be dismissed without prejudice.
See id.
That deadline has now passed, and Jones has not paid the filing fee for this matter
or applied for IFP status. In fact, Jones 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 Jones, 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
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.
s/Tony N. Leung
Dated: October 21, 2024
__________________________________
Tony N. Leung
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