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Weiss v. Colvin

United States District Court, D. Minnesota

September 29, 2014

JON ANDREW WEISS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

JEFFREY J. KEYES, Magistrate Judge.

Plaintiff Jon Andrew Weiss brought this action on August 12, 2014, seeking review of the denial of his claim for social security benefits. He also applied to proceed in forma pauperis ("IFP") in this litigation. In an order dated August 21, 2014, this Court denied Weiss's IFP application, noting that Weiss was not financially eligible for IFP status. Weiss was also ordered to pay the full filing fee for this lawsuit within 20 days after the date of that order - that is, by September 10, 2014 - 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 Weiss has not paid the filing fee. In fact, since filing his original complaint on August 12, 2014, Weiss has not corresponded with the Court at all. It is therefore now recommended - in accordance with the Court's prior order in this case - that Weiss be deemed to have abandoned this action and that this case be dismissed without prejudice pursuant to 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 on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE for failure to prosecute pursuant to Fed.R.Civ.P. 41(b).


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