Opinion
Case No. 17-CV-0452 (JRT/FLN)
04-13-2017
ARIYANA LATREESE GREEN, Plaintiff, v. UNITED STATES OF AMERICA and DISTRICT OF MINNESOTA, Defendants.
REPORT AND RECOMMENDATION
Plaintiff Ariyana LaTreese Green commenced this action by filing a complaint alleging violations of her constitutional rights. Green did not pay the required filing fee for this case, but instead filed an application seeking leave to proceed in forma pauperis ("IFP"). See ECF No. 2. In an order dated March 7, 2017, this Court required Green, a prisoner, to pay an initial partial filing fee of $50.00. See ECF No. 3 (citing 28 U.S.C. § 1915(b)). Green was given 20 days to pay the initial partial filing fee, 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 Green has not paid the required initial partial filing fee. In fact, Green has 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. 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. Dated: April 13, 2017
s/Franklin L . Noel
Franklin L. Noel
United States Magistrate Judge
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), "a party may file and serve specific written objections to a magistrate judge's proposed finding and recommendations within 14 days after being served a copy" of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. LR 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in LR 72.2(c). Under Advisement Date: This Report and Recommendation will be considered under advisement 14 days from the date of its filing. If timely objections are filed, this Report and Recommendation will be considered under advisement from the earlier of: (1) 14 days after the objections are filed; or (2) from the date a timely response is filed.