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Richmond v. State

United States District Court, D. Minnesota

October 6, 2014

COURTNEY RICHMOND, Plaintiff,
v.
STATE OF MINNESOTA, Office of the Governor State Capital; ATTORNEY GENERAL OFFICE; HENNEPIN COUNTY MEDICAL CENTER; and HENNEPIN COUNTY JAIL, Defendants.

REPORT AND RECOMMENDATION

LEO I. BRISBOIS, Magistrate Judge.

Plaintiff Courtney Richmond commenced this action by filing a complaint seeking relief for alleged violations of his constitutional and statutory rights. See ECF No. 1. He did not pay the required filing fee for this case. Instead, Richmond filed an application seeking leave to proceed in forma pauperis ("IFP"). See ECF No. 2. In an order dated September 3, 2014, this Court informed Richmond that he would be required to either sign his IFP application or file a supplemental IFP application by October 3, 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 ECF No. 3. This Court also noted that Richmond's complaint failed to state a claim on which relief could be granted, and it ordered that Richmond file an amended complaint by October 3, 2014, again failing which this Court would recommend that this action be dismissed.

The October 3 deadline has now passed. Richmond has not signed his original IFP application or filed a supplemental IFP application, and he has not filed an amended complaint. 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.").

RECOMMENDATION

Based upon the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT:

1. This action be DISMISSED WITHOUT PREJUDICE under Fed.R.Civ.P. 41(b) for failure to prosecute.
2. Plaintiff Courtney Richmond's application to proceed in forma pauperis [ECF No. 2] be DENIED AS MOOT.

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