Abdikarim v. Galewski

U.S. District Court, District of Minnesota

Abdikarim v. Galewski

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                           
                    DISTRICT OF MINNESOTA                               

Zakariya Abdikarim,                 Case No. 24-cv-3483 (JMB/LIB)       

              Plaintiff,                                                

v.                               REPORT AND RECOMMENDATION              

Christina M. Galewski, Assistant States                                 
Attorney; and Marie Elberon, Ottertail States                           
Attorney,                                                               

              Defendants.                                               


   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 
28 U.S.C. § 636
.                        
   In an order dated September 9, 2024, this Court denied the application to proceed in forma 
pauperis of plaintiff Zakariya Abdikarim and directed him to pay the $405.00 filing fee for this 
matter. (See Order [Docket No. 3]). Plaintiff was given until October 9, 2024, to pay the required 
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 Plaintiff has not paid the filing fee for this matter. 
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. 
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.”). 
   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 Fed. R. Civ. P. 41(b) for failure to prosecute.           


Dated: October 17, 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).      

Trial Court Opinion

                 UNITED STATES DISTRICT COURT                           
                    DISTRICT OF MINNESOTA                               

Zakariya Abdikarim,                 Case No. 24-cv-3483 (JMB/LIB)       

              Plaintiff,                                                

v.                               REPORT AND RECOMMENDATION              

Christina M. Galewski, Assistant States                                 
Attorney; and Marie Elberon, Ottertail States                           
Attorney,                                                               

              Defendants.                                               


   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 
28 U.S.C. § 636
.                        
   In an order dated September 9, 2024, this Court denied the application to proceed in forma 
pauperis of plaintiff Zakariya Abdikarim and directed him to pay the $405.00 filing fee for this 
matter. (See Order [Docket No. 3]). Plaintiff was given until October 9, 2024, to pay the required 
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 Plaintiff has not paid the filing fee for this matter. 
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. 
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.”). 
   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 Fed. R. Civ. P. 41(b) for failure to prosecute.           


Dated: October 17, 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).      

Reference

Status
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