Opinion
21-cv-1906 (ECT/DTS)
09-27-2021
Scott Skibo and David Eugene Ricketts, Plaintiffs, v. S. Bolt, et al., Defendants.
REPORT & RECOMMENDATION
DAVID T. SCHULTZ U.S. Magistrate Judge
In an order dated August 30, 2021, this Court directed Plaintiffs Scott Skibo and David Eugene Ricketts to pay initial partial filing fees or to otherwise clarify their intent to participate in this pro se civil case. Docket No. 3. Plaintiffs were given 20 days to pay their individual initial fees or to otherwise clarify their intent to participate in the case, 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 now passed, and neither Plaintiff has paid their initial fee. In fact, the Plaintiffs have not communicated with the Court about this case at all since commencing this action. Accordingly, this Court now recommends, in accordance with its prior order, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. See 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 upon the foregoing, and on all the files, records, and proceedings herein, this Court RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE under Fed.R.Civ.P. 41(b) for failure to prosecute.