United States District Court, D. Minnesota
October 6, 2014
RICHARD A. HAFNER, Plaintiff,
ROGER BABURAM, Head of the End of Confinement Review Committee in his Individual and Official Capacity, Defendant.
REPORT AND RECOMMENDATION
JEFFREY J. KEYES, Magistrate Judge.
Plaintiff Richard A. Hafner commenced this action by filing a Complaint seeking relief for alleged violations of his constitutional rights. ( See Doc. No. 1.) He did not pay the required filing fee for this case. Instead, Hafner filed an application seeking leave to proceed in forma pauperis ("IFP"). ( See Doc. No. 2.) In an Order dated September 5, 2014, this Court denied Hafner's IFP application, finding that his income was too high to qualify for IFP status. This Court also ordered that Hafner pay the $400 filing fee for this case no later than 20 days after the date of that Order - that is, no later than September 25, 2014 - failing which this Court would recommend that this case be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. ( See Doc. No. 3.)
That deadline has now passed, and Hafner has not paid the required filing fee. Indeed, Hafner has not communicated with this Court at all about this case since initiating this lawsuit. 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.").
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.