Cook v. United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
David J. Cook,
Petitioner,
v.
United States of America,
Respondent.
Case No. 26-cv-0979 (JMB/DJF)
REPORT AND
RECOMMENDATION
On February 3, 2026, the Clerk of Court sent Petitioner David J. Cook a letter: (1)
stating that the Court had not received either this action’s filing fee or an application to
proceed in forma pauperis (“IFP”); (2) enclosing the IFP application template; and (3)
warning that if the Court did “not receive [his] filing fee or [IFP application]” within 15
days—that is, by February 18, 2026—“[his] case could be summarily dismissed without
prejudice.” 	(ECF No. 2 at 1.) 	That deadline has passed, and Mr. Cook still has not
submitted a filing fee or IFP application. 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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RECOMMENDATION
Based upon the foregoing, and on all 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 4, 2026 s/ Dulce J. Foster
DULCE J. FOSTER
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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