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Welton v. Pliene

United States District Court, D. Minnesota

June 17, 2015

BYRON JERMAINE WELTON, Plaintiff,
v.
DR. PLIENE; DR. MCKENZIE; P.A. OLSON; DR. STANTON; and DR. U. BOCANEGRA, Defendants.

REPORT AND RECOMMENDATION

JANIE S. MAYERON, Magistrate Judge.

Plaintiff Byron Jermaine Welton commenced this action by filing a complaint raising civil-rights claims against the named defendants. In an order dated May 18, 2015, this Court ordered that Welton pay an initial partial filing fee of at least $12.27 within 20 days, failing which this Court would recommend that this action be dismissed without prejudice for failure to prosecute.[1] See Fed.R.Civ.P. 41(b).

That deadline has now passed, and Welton has not yet paid the required initial partial filing fee. 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 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 for failure to prosecute.
2. Petitioner Byron Jermaine Welton's application to proceed in forma pauperis [Docket No. 2] be DENIED AS MOOT.
3. Welton's motion to amend pleadings [Docket No. 6] be DENIED AS MOOT.

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