Lockhart v. St. Louis Park Police Department et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Charles Calvin Lockhart,
Plaintiff,
v.
St. Louis Park Police Department, Allison
Jones, John Doe 1, and John Doe 2,
Defendants.
Case No. 25-cv-3555 (NEB/DTS)
REPORT & RECOMMENDATION
On October 23, 2025, this Court ordered Plaintiff Charles Calvin Lockhart to pay
an initial partial filing fee of $12.64 in accordance with 28 U.S.C. § 1915(b). See
Dkt. No. 11 at 3. The Order gave Lockhart 21 days (i.e., until November 13, 2025) to pay
the fee, and warned that failure to comply could lead to dismissal without prejudice under
Federal Rule of Civil Procedure 41(b) for failure to prosecute. See id. That deadline has
passed, and Lockhart has not paid the required fee. The Court therefore recommends
dismissing this action without prejudice and denying as moot Lockhart’s application to
proceed in forma pauperis (Dkt. No. 2) and motion for the production of certain materials
(Dkt. No. 4). 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
For the reasons set forth above, the Court RECOMMENDS THAT:
1. This action be DISMISSED WITHOUT PREJUDICE under Federal Rule of
Civil Procedure 41(b) for failure to prosecute.
2. Plaintiff Charles Calvin Lockhart’s application to proceed in forma pauperis
(Dkt. No. 2) and Rule 34(a) Request for Production of Documents and Video (Dkt. No. 4)
be DENIED as moot.
Dated: November 20, 2025 __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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