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Severson v. Alsurf

United States District Court, D. Minnesota

November 18, 2014

NATHAN PAUL SEVERSON, Plaintiff,
v.
PH.D LP JAMES M. ALSURF, Defendant

Nathan Paul Severson, Plaintiff, Pro se, Milan, MI.

REPORT AND RECOMMENDATION

Franklin L. Noel, United States Magistrate Judge.

Plaintiff Nathan Paul Severson, a federal prisoner, commenced this action by filing a complaint seeking relief for breach of contract. See ECF No. 1. He did not pay the required filing fee for this case. Instead, Severson filed an application seeking leave to proceed in forma pauperis (" IFP"). See ECF No. 2. In an order dated October 21, 2014, this Court noted that Severson's IFP application was deficient and ordered him to file an amended IFP application by no later than 20 days after the date of that order, failing which this Court would recommend that this case be dismissed without prejudice for failure to prosecute. See ECF No. 3; Fed.R.Civ.P. 41(b). This Court also ordered that Severson pay the initial partial filing fee required under 28 U.S.C. § 1915(b) by that date.

That deadline has now passed, and Severson has neither filed an amended IFP application nor paid the required filing fee. Indeed, Severson has not communicated with the 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.").

RECOMMENDATION

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.


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