Rios-Nunez v. United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ever Rios-Nunez,
Petitioner,
v.
United States of America,
Respondent.
Case No. 26-CV-0103 (LMP/EMB)
REPORT AND
RECOMMENDATION
In a letter dated January 8, 2026, the Clerk of Court informed
petitioner Ever Rios-Nunez that he would be required to pay the filing fee for
this matter or apply for in forma pauperis (“IFP”) status. (See Dkt. No. 2.)
Mr. Rios-Nunez was warned that if he did not pay the filing fee or submit an
IFP application within 15 days, this matter could be dismissed without
prejudice. (See id.)
That January 23 deadline has now passed, and Mr. Rios-Nunez has not
paid the filing fee or applied for IFP status. In fact, Mr. Rios-Nunez 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 Mr. Rios-Nunez, 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
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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 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 9, 2026 s/Elsa M. Bullard
Elsa M. Bullard
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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