UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                

Matthew Starnes,                   Civil No. 24-CV-4169 (DSD/SGE)       

              Petitioner,                                               

v.                              REPORT AND RECOMMENDATION               

MCF Rush City Warden,                                                   

              Respondent.                                               

   On November 12, 2024, the Clerk of this Court sent Petitioner Matthew Starnes a 
letter indicating that (1) the Court had not received either this action’s filing fee or an 
application to proceed in forma pauperis (“IFP”) in this action; (2) Starnes had 15 days 
(i.e., until November 27, 2024) to submit the fee or an application; and (3) if he failed to 
do so, his case “could be summarily dismissed without prejudice.” Dkt. No. 3 at 1. That 
deadline has passed without Starnes submitting the required fee or application. The Court 
therefore recommends dismissing this action without prejudice under Federal Rule of 
Civil Procedure 41(b) for failure to prosecute. See, e.g., 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.”).          
                     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 Federal Rule of Civil Procedure 41(b) for failure to prosecute. 


Dated: December 17, 2024        s/ Shannon G. Elkins                    
                                SHANNON G. ELKINS                       
                                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                                

Matthew Starnes,                   Civil No. 24-CV-4169 (DSD/SGE)       

              Petitioner,                                               

v.                              REPORT AND RECOMMENDATION               

MCF Rush City Warden,                                                   

              Respondent.                                               

   On November 12, 2024, the Clerk of this Court sent Petitioner Matthew Starnes a 
letter indicating that (1) the Court had not received either this action’s filing fee or an 
application to proceed in forma pauperis (“IFP”) in this action; (2) Starnes had 15 days 
(i.e., until November 27, 2024) to submit the fee or an application; and (3) if he failed to 
do so, his case “could be summarily dismissed without prejudice.” Dkt. No. 3 at 1. That 
deadline has passed without Starnes submitting the required fee or application. The Court 
therefore recommends dismissing this action without prejudice under Federal Rule of 
Civil Procedure 41(b) for failure to prosecute. See, e.g., 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.”).          
                     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 Federal Rule of Civil Procedure 41(b) for failure to prosecute. 


Dated: December 17, 2024        s/ Shannon G. Elkins                    
                                SHANNON G. ELKINS                       
                                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).