Lowe v. Schnell et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Michael-Carlton Lowe,
Plaintiff,
v.
Paul Schnell and Karly Jorgensen,
Defendants.
Case No. 26-cv-936 (NEB/LIB)
REPORT AND RECOMMENDATION
Pursuant to a general assignment made in accordance with 28 U.S.C. § 636, this matter
comes before the undersigned United States Magistrate Judge upon review of Plaintiff’s
Complaint, [Docket No. 1].
On February 13, 2026, this Court entered an order assessing Plaintiff Michael-Carlton
Lowe an initial partial filing fee of $66.47. (See Order [Docket No. 4]). The Order warned Plaintiff
that if he did not pay this fee within thirty days of the Order’s date (that is, by March 15, 2026),
this Court would recommend dismissing this matter without prejudice for failure to prosecute. See
Fed. R. Civ. P. 41(b). That deadline has passed, and Plaintiff has not submitted the initial partial
filing fee. Indeed, he has not communicated at all with the Court since filing this action. The Court
therefore recommends 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 Federal Rules of Civil
Procedure or any court order.”).
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Therefore, based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY RECOMMENDED that this action be DISMISSED without prejudice under
Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Dated: March 23, 2026 	s/Leo I. Brisbois
Hon. Leo I. Brisbois
United States Magistrate Judge
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 Appeals.
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 objections 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).
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