Loza v. FCI Waseca

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
AMY LOZA,
Petitioner,
v.
FCI WASECA,
Respondent.
Case No. 25-CV-4746 (KMM/JFD)
REPORT AND RECOMMENDATION
In a letter dated December 22, 2025, the Clerk of Court directed Petitioner Amy
Loza to submit the filing fee for this matter or apply for in forma pauperis (“IFP”) status.
(Dkt. No. 2.) Ms. Loza was given 15 days to pay the filing fee or submit an IFP application,
failing which, she was warned, this matter could be dismissed. (Id.) That deadline has now
passed, and Ms. Loza has not paid the filing fee or applied for IFP status. In fact, Ms. Loza
has not communicated with the Court about this case at all since commencing this action.
Accordingly, this Court now recommends, consistent with the warning previously given to
Ms. Loza, 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.”).
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Based upon the foregoing, and on all of 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.
Dated: February 6, 2026 	_s/ John F. Docherty___________
JOHN F. DOCHERTY
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 D. Minn.
LR 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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