Doe v. City of West Richland, The et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jane Doe,
Plaintiff,
v.
The City of West Richland, et al.,
Defendants.
Case No. 26-cv-803 (JMB/DTS)
REPORT AND RECOMMENDATION
On January 29, 2026, the Clerk of this Court sent Plaintiff Jane Doe a letter (1) stat-
ing that the Court had not received either this action’s filing fee or an application to pro-
ceed in forma pauperis (IFP); (2) enclosing this District’s IFP-application template; and
(3) warning that if the Court did “not receive [her] filing fee or [IFP application]” within 15
days—that is, by February 13, 2026—“[her] case could be summarily dismissed without
prejudice.” (Doc. 2 at 1.) That deadline has passed, and Doe still has not submitted a
filing fee or IFP application. The Court therefore recommends dismissing this action with-
out 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 on the foregoing, and on all of the files, records, and proceedings herein,
THE COURT HEREBY RECOMMENDS that this action be DISMISSED WITHOUT
PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Dated: February 27, 2026 	s/ David T. Schultz_________
DAVID T. SCHULTZ
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 Ap-
peals.
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 ob-
jections 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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