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Lark v. Hennepin County A.D. Center

United States District Court, D. Minnesota

October 24, 2014

JAMES LARK, Plaintiff,
v.
HENNEPIN COUNTY A.D. CENTER; HENNEPIN COUNTY SHERIFF DEPT.; NURSE that worked Friday the 15th of Aug.; and HENNEPIN COUNTY SHERIFF DEPUTIES, Defendants.

REPORT AND RECOMMENDATION

STEVEN E. RAU, Magistrate Judge.

Plaintiff James Lark filed a complaint seeking relief for alleged violations of his constitutional rights. See ECF No. 1. He did not pay the required filing fee for this case. Instead, Lark filed an application seeking leave to proceed in forma pauperis ("IFP"). See ECF No. 2. In an order dated August 19, 2014, this Court declined to grant that IFP application and ordered that Lark file an amended complaint by no later than October 10, 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.

That deadline has now passed, and Lark has not filed an amended complaint. Indeed, Lark has not communicated with the Court about this case since initiating this lawsuit. Accordingly, this Court 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 on 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. Lark's application to proceed in forma pauperis [ECF No. 2] be DENIED AS MOOT.

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