Opinion
21-cv-1809 (SRN/TNL)
11-23-2021
Dennis Kreun, Petitioner, v. B. Birkholz, Warden of Federal Prison Camp Duluth, and Michael Carvajal, Director of the Federal Bureau of Prisons, in their official capacities, Respondents.
REPORT AND RECOMMENDATION
Tony N. Leung United States Magistrate Judge
In an Order dated September 10, 2021, this Court ordered Petitioner Dennis Kreum to submit this action's filing fee or an application to proceed in forma pauperis. [ECF No. 5.] Kreun was given 21 days-that is, until October 1, 2021-to make this submission, failing which it would be recommended that this action be dismissed without prejudice for failure to prosecute. See Fed.R.Civ.P. 41(b).
That deadline has passed, and Kreun has not submitted a filing fee or an IFP application. (In fact, Kreun has not communicated with the Court about this case at all since commencing this action.) Accordingly, this Court now recommends dismissing this action without prejudice under Rule 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 1 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.”). 2