Opinion
21-CV-1315 (WMW/HB)
06-22-2021
DeJuan Haggins, Petitioner, v. Renville Co. Jail Administrator, Respondent.
REPORT AND RECOMMENDATION
HILDY BOWBEER United States Magistrate Judge
Petitioner DeJuan Haggins did not pay the filing fee for this matter or submit an application to proceed in forma pauperis (“IFP”) upon commencing this action. Immediately upon filing this action, Haggins was warned by the Clerk of Court that he would be required to submit the $5.00 filing fee or apply for IFP status within 15 days, failing which the case could be summarily dismissed without prejudice for failure to prosecute. See ECF No. 2.
That deadline has now passed, and Haggins has not yet submitted the filing fee for this matter or applied for IFP status. In fact, Haggins has not communicated with the Court at all about this case since commencing this action. Accordingly, it is now recommended, in accordance with the Court's prior communication, that this action be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. See Henderson v. Renaissance Grand Hotel, 267 Fed. 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.”).
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 Fed.R.Civ.P. 41(b) for failure to prosecute.