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
- Unknown