Collins v. Murphy

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
LEON HENRY COLLINS,
Plaintiff,
v.
DIANA E. MURPHY,
Defendant.
Case No. 25-CV-4361 (JMB/JFD)
REPORT AND RECOMMENDATION
On November 18, 2025, the Clerk of this Court sent Plaintiff Leon Henry Collins a
letter stating that (1) the Court had not received the filing fee or an application to proceed
in forma pauperis (“IFP”); (2) Collins had 15 days (i.e., until December 3, 2025) to submit
either the fee or an application; and (3) if he failed to comply, his case “could be summarily
dismissed without prejudice.” (ECF No. 2 at 1.) That deadline has passed, and Collins has
not submitted the required fee or application. (Indeed, Collins has not communicated at all
with the Court about this action since his complaint’s filing.) The Court therefore recom-
mends dismissing this action without prejudice, under Federal Rule of Civil Procedure
41(b), for failure to prosecute. See, e.g., Henderson v. Renaissance Grand Hotel, 267
F. 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 Fed-
eral Rules of Civil Procedure or any court order.”).
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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 PREJ-
UDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Dated: December 17, 2025
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the
District Court and is therefore not appealable directly to the Eighth Circuit Court of Ap-
peals.
Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a
magistrate judge’s proposed finding and recommendations within 14 days after being
served a copy” of the Report and Recommendation. A party may respond to those objec-
tions within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2).
All objections and responses must comply with the word or line limits set forth in Local
Rule 72.2(c).
s/ John F. Docherty
JOHN F. DOCHERTY
United States Magistrate Judge
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