United States District Court, D. Minnesota
November 20, 2014
TRAMAYNE COLFRED WILLIAMS, Plaintiff,
MARK FRITEL, Sherburne County Jail, Defendant
Tramayne Colfred Williams, Plaintiff, Pro se, Lino Lakes, MN.
REPORT AND RECOMMENDATION
Tony N. Leung, United States Magistrate Judge.
Plaintiff Tramayne Colfred Williams, a state prisoner, commenced this action by filing a complaint seeking relief under 42 U.S.C. § 1983. See ECF No. 1. He did not pay the required filing fee for this case, but instead filed an application seeking leave to proceed in forma pauperis (" IFP"). See ECF No. 2. In an order dated June 9, 2014, this Court ordered that Williams pay an initial partial filing fee of $115.19 within 20 days, failing which it would be recommended that this case be dismissed without prejudice for failure to prosecute. See ECF No. 7; Fed.R.Civ.P. 41(b). On June 16, 2014, Williams filed a motion requesting reconsideration, indicating that he was unable to pay this initial partial filing fee as the facility where he was incarcerated--Sherburne County Jail--prohibits prisoners from sending money by mail. See ECF No. 8. In response, the Court ordered Williams to file an affidavit and exhibits showing that he had attempted to pay the filing fee, and that jail officials had prohibited him from doing so. ECF No. 9. In the alternative, Williams was given until October 31, 2014, to pay the $115.19 initial partial filing fee as previously ordered. Id.
That deadline has now passed, and Williams has neither filed the affidavit nor paid the required initial partial filing fee. Williams has not communicated with the Court at all about this case since requesting reconsideration in June. Accordingly, this Court now recommends, in accordance with its prior orders, 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:
1. This action be DISMISSED WITHOUT PREJUDICE under Fed.R.Civ.P. 41(b) for failure to prosecute.
2. Plaintiff Tramayne Colfred Williams's application to proceed in forma pauperis [ECF No. 2] be DENIED AS MOOT.
3. Williams's motion for injunctive and pecuniary relief [ECF No. 3] be DENIED AS MOOT.
4. Williams's motion to reconsider [ECF No. 8] be DENIED AS MOOT.