0:26-cv-00979•Cook v. United States of America
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA David J. Cook, Petitioner, v. United States of America, Respondent. Case No. 26-cv-0979 (JMB/DJF) REPORT AND RECOMMENDATION On February 3, 2026, the Clerk of Court sent Petitioner David J. Cook a letter: (1) stating that the Court had not received either this action’s filing fee or an application to proceed in forma pauperis (“IFP”); (2) enclosing the IFP application template; and (3) warning that if the Court did “not receive [his] filing fee or [IFP application]” within 15 days—that is, by February 18, 2026—“[his] case could be summarily dismissed without prejudice.” (ECF No. 2 at 1.) That deadline has passed, and Mr. Cook still has not submitted a filing fee or IFP application. The Court therefore recommends 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 Federal Rules of Civil Procedure or any court order.”). CASE 0:26-cv-00979-JMB-DJF Doc. 3 Filed 03/04/26 Page 1 of 2
2 RECOMMENDATION Based upon the foregoing, and on all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Dated: March 4, 2026 s/ Dulce J. Foster DULCE J. FOSTER 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). CASE 0:26-cv-00979-JMB-DJF Doc. 3 Filed 03/04/26 Page 2 of 2
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