Trischan v. FCI Waseca

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Venetia Trischan,
Petitioner,
v.
FCI Waseca,
Respondent.
Case No. 25-CV-4743 (MJD/DJF)
REPORT AND
RECOMMENDATION
In a letter dated December 22, 2025, the Clerk of Court directed petitioner Venetia
Trischan to submit the filing fee for this matter or apply for in forma pauperis (“IFP”) status. (ECF
No. 2.) The letter gave Ms. Trischan 15 days to pay the filing fee or submit an IFP application,
failing which, the letter warned, this matter could be dismissed. 	(Id.) 	That deadline has now
passed, and Ms. Trischan has not paid the filing fee or applied for IFP status. In fact, Ms. Trischan
has not communicated with the Court about this case at all since commencing this action. 	The
Court therefore recommends that this action be dismissed without prejudice under Rule 41(b) of
the Federal Rules of Civil Procedure for failure to prosecute. See 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.”).
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 Fed. R. Civ. P. 41(b) for failure to prosecute.
CASE 0:25-cv-04743-MJD-DJF Doc. 3 Filed 01/27/26 Page 1 of 2

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Dated: January 27, 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).
CASE 0:25-cv-04743-MJD-DJF Doc. 3 Filed 01/27/26 Page 2 of 2