0:25-cv-04343•Case Name in Social Security Case - Unavailable
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jeffrey L., Plaintiff, v. Judge Nicholas Grey; and Frank Bisignano, Commissioner of the Social Security Administration, Defendants. Case No. 25-CV-04343 (ECT/ECW) REPORT AND RECOMMENDATION On November 10, 2025, Plaintiff Jeffrey L. (“Plaintiff”) filed a Complaint for review of an unfavorable decision on his request for social security disability and supplemental security income. (Dkt. 1.) Plaintiff did not pay the filing fee or file an application to proceed in forma pauperis (IFP). Accordingly, the Clerk mailed Plaintiff a letter advising him that he must either pay the filing fee or submit an IFP application within fifteen days of the date of the letter, failing which it would be recommended that this action be dismissed without prejudice for failure to prosecute. (Dkt. 2); see Fed. R. Civ. P. 41(b). That deadline has now passed, and Plaintiff has not paid the filing fee or submitted an IFP application. In fact, Plaintiff has not communicated with the Court about this case at all since commencing this action, and his mail has been returned as unclaimed with no forwarding address. Accordingly, this Court now recommends that this action be CASE 0:25-cv-04343-ECT-ECW Doc. 4 Filed 12/18/25 Page 1 of 2
2 dismissed without prejudice under Rule 41(b) for failure to prosecute. See Henderson v. Renaissance Grand Hotel, 267 Fed. 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.”); see also Jones v. Raden, No. 18-CV-2968 (WMW/ECW), 2019 WL 4396168, at *9 (D. Minn. July 24, 2019) (“This failure to apprise the Court of his new address constitutes a failure to prosecute his claims, also warranting dismissal without prejudice.”) (citations omitted), R. & R. adopted, 2019 WL 4394046 (D. Minn. Sept. 13, 2019). RECOMMENDATION Based upon the foregoing, and 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. Dated: December 18, 2025 s/ Elizabeth Cowan Wright ELIZABETH COWAN WRIGHT 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 0:25-cv-04343-ECT-ECW Doc. 4 Filed 12/18/25 Page 2 of 2
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