United States District Court, D. Minnesota
September 29, 2014
KATHRYN ELIZABETH JOHNSON, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
STEVEN E. RAU, Magistrate Judge.
Plaintiff Kathryn Elizabeth Johnson brought this action on August 1, 2014 seeking review of the denial of her claim for social security benefits. She also applied to proceed in forma pauperis ("IFP"). In an order dated August 25, 2014, this Court denied Johnson's IFP application, noting that Johnson was not financially eligible for IFP status. Johnson was also ordered to pay the full filing fee within 20 days after the date of that order - that is, by September 14, 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 Johnson has not paid the filing fee. In fact, since filing her original complaint on August 1, 2014, Johnson 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 Johnson 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.").
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).