0:25-cv-04361•Collins v. Murphy
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1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA LEON HENRY COLLINS, Plaintiff, v. DIANA E. MURPHY, Defendant. Case No. 25-CV-4361 (JMB/JFD) REPORT AND RECOMMENDATION On November 18, 2025, the Clerk of this Court sent Plaintiff Leon Henry Collins a letter stating that (1) the Court had not received the filing fee or an application to proceed in forma pauperis (“IFP”); (2) Collins had 15 days (i.e., until December 3, 2025) to submit either the fee or an application; and (3) if he failed to comply, his case “could be summarily dismissed without prejudice.” (ECF No. 2 at 1.) That deadline has passed, and Collins has not submitted the required fee or application. (Indeed, Collins has not communicated at all with the Court about this action since his complaint’s filing.) The Court therefore recom- mends dismissing this action without 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 Fed- eral Rules of Civil Procedure or any court order.”). CASE 0:25-cv-04361-JMB-JFD Doc. 3 Filed 12/17/25 Page 1 of 2
2 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 PREJ- UDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Dated: December 17, 2025 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 objec- tions 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). s/ John F. Docherty JOHN F. DOCHERTY United States Magistrate Judge CASE 0:25-cv-04361-JMB-JFD Doc. 3 Filed 12/17/25 Page 2 of 2
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