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Rapp v. Astrue

United States District Court, D. Minnesota

April 1, 2014

ANITA J. RAPP, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.

REPORT AND RECOMMENDATION

JANIE S. MAYERON, Magistrate Judge.

Plaintiff commenced this action by filing a complaint and an application for leave to proceed in forma pauperis, ("IFP"). (Docket Nos. 1 and 2.) The Court examined plaintiff's IFP application, and determined that she had not adequately demonstrated that she is indigent and unable to pay the filing fee for this action. The IFP application was therefore denied. (See Order dated January 17, 2014; [Docket No. 3].)

The order denying plaintiff's IFP application informed her that she could still maintain this action, as a NON-IFP litigant, if she paid the statutory filing fee within 20 days. Plaintiff was advised that if she did not pay the full filing fee within the time allowed, the Court would recommend that this action be dismissed, without prejudice, pursuant to Fed.R.Civ.P. 41(b).

The deadline for paying the full filing fee for this action has now passed, and plaintiff has not paid the fee, nor has she offered any explanation for her failure to do so. Indeed, plaintiff has not communicated with the Court at all since she commenced this action. Therefore, it is now recommended, in accordance with the Court's prior order in this case, that plaintiff be deemed to have abandoned this action, and that the action be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b). See Henderson v. Renaissance Grand Hotel , 267 Fed.Appx. 496, 497 (8th Cir. 2008) (unpublished opinion) ("[a] district court has discretion to dismiss an action under Rule 41(b) for a plaintiff's failure to prosecute, or to comply with the Federal Rules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"); see also Link v. Wabash Railroad Co. , 370 U.S. 626, 630-31 (1962) (recognizing that a federal court has the inherent authority to "manage [its] own affairs so as to achieve the orderly and expeditious disposition of cases").

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

IT IS HEREBY RECOMMENDED that:

This action be DISMISSED WITHOUT PREJUDICE.


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