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Aleman v. Performance Food Group

United States District Court, Eighth Circuit

April 24, 2013

Juan Aleman, Plaintiff,
v.
Performance Food Group, Defendant.

REPORT AND RECOMMENDATION

LEO I. BRISBOIS, Magistrate Judge.

Juan Aleman (Plaintiff) commenced this action by filing a civil Complaint, [Docket No. 1], and an application for leave to proceed in forma pauperis (IFP). [Docket No. 3].

Under the Court's Order of March 20, 2013, [Docket No. 4], Plaintiff was required file an Amended IFP Application that satisfies the requirements of 28 U.S.C. § 1915(a)(2), and to pay the initial partial filing fee required by 28 U.S.C. § 1915(b)(1), no later than April 9, 2013. (Id. at 4-5). As of today's date, Plaintiff has not made an Amended IFP Application, nor has he made any payment toward the initial partial filing fee.

Based on the Court's express warning regarding the consequences that would follow if Plaintiff failed to comply with the Court's Order of March 20, 2013, [Docket No. 4], and for the reasons more fully stated in that Order, it is now recommended that Plaintiff be deemed to have abandoned this action, and that the action be dismissed without prejudice. Fed.R.Civ.P. 41(b) (actions may be dismissed for failure to comply with court orders); Henderson v. Renaissance Grand Hotel , 267 Fed.Appx. 496, 497 (8th Cir. 2008) (unpublished opinion) ("[a] district court has discretion to dismiss an action under Rule 41(b) for a plaintiff's failure to prosecute, or to comply with the Federal Rules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").

Based upon the above, and upon all the files, records and proceedings herein,

IT IS HEREBY RECOMMENDED that:

1. That the Plaintiff's Complaint [Docket No. 1] be DISMISSED WITHOUT PREJUDICE, for failure to comply with this Court's Order of March 20, 2013, [Docket No. 4], and for lack of prosecution.

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