Opinion
24-cv-0121 (JRT/DLM)
06-12-2024
Dean Ryan Kline, Plaintiff, v. Steve Sandvik, Nate Hagen, Kea I. Maxwell, and Jeffrey Kritzer, Defendants.
REPORT AND RECOMMENDATION
DOUGLAS L. MICKO United States Magistrate Judge
On May 9, 2024, this Court entered an order giving Plaintiff Ryan Dean Kline 21 days-that is, until May 30, 2024-to submit this action's filing fee or an application to proceed in forma pauperis (“IFP”). (See Doc. 5 at 1.) That deadline has now passed, and Mr. Kline has not submitted a filing fee or an IFP application. Accordingly, the Court now 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, 267 Fed.Appx. 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 on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT this action be DISMISSED WITHOUT PREUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute.