Carl Douglas Smith v. Lisa Stenseth, Victor Wanchena, Ashlee Berts, Joshua Barnes, Branden Tatum, John Doe, and Jane Doe

Summary

The United States District Court for the District of Minnesota recommends dismissing Carl Douglas Smith’s action without prejudice under Federal Rule of Civil Procedure 41(b) because he failed to pay the required initial partial filing fee by the court-ordered deadline. The Report and Recommendation also recommends denying Smith’s application to proceed without prepaying fees or costs as moot.

Holdings

1. The magistrate judge recommended that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Smith failed to comply with the court's order requiring payment of the initial partial filing fee.
2. The magistrate judge recommended denying Smith's application to proceed without prepaying fees or costs as moot.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for Smith's failure to pay the court-ordered initial partial filing fee.
2. Whether Smith's application to proceed in district court without prepaying fees or costs should be denied as moot.

Disposition

other