Martin v. United States of America

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FLORIAN CLAUDIU MARTIN,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
Case No. 26-CV-0383 (JRT/JFD)
REPORT AND RECOMMENDATION
In a letter dated January 16, 2026, the Clerk of Court directed petitioner Florian
Claudiu Martin to either pay the filing fee for this matter or apply for in forma pauperis
(“IFP”) status. See Dkt. No. 2. Mr. Martin was warned in that letter that if he did not pay
the filing fee or submit an IFP application within 15 days, this matter might be dismissed
without prejudice.
That deadline has now passed, and Mr. Martin has not paid the filing fee or
requested IFP status. In fact, Mr. Martin 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. Martin, 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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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.
Date: February 11, 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 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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