Summary
This Report and Recommendation from the U.S. District Court for the District of Minnesota addresses the plaintiff's failure to pay a required initial partial filing fee within the allotted timeframe. Citing Federal Rule of Civil Procedure 41(b), the Magistrate Judge recommends dismissing the action without prejudice for failure to prosecute. The document also outlines the procedure for parties to file written objections to the recommendation within fourteen days.
Topics
Practice areas
Questions Presented
- Whether the action may be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute after the plaintiff’s failure to pay the required filing fee.
Holdings
- The action should be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute.
Factual background
Mark Franklin, Jr., a prisoner, filed a civil rights action in the District of Minnesota. The court required him to pay a partial filing fee, which he failed to pay, and he did not otherwise act to prosecute the case.
Procedural history
The court ordered the plaintiff to pay an initial partial filing fee of $30.72. The plaintiff failed to pay the fee and did not communicate with the court. The magistrate judge now recommends dismissal without prejudice under Rule 41(b).