Dillard v. Schnell

1
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Latrice Atik Dillard,
Plaintiff,
v.
Paul Schnell, Commissioner of
Corrections (Minnesota Department of
Corrections) and Nannette Larson, Dept.
Commissioner,
Defendants.
Case No. 26-cv-0057 (KMM/DLM)
REPORT AND RECOMMENDATION
In an order dated January 8, 2026, this Court directed plaintiff Latrice Atik Dillard
to pay an initial partial filing fee of $18.20, consistent with 28 U.S.C. § 1915(b). See Doc.
4. Ms. Dillard was given 21 days to pay the mandatory initial partial filing fee, failing
which it would be recommended that this action be dismissed without prejudice for failure
to prosecute. See id. (citing Fed. R. Civ. P. 41(b)).
That deadline has now passed, and Ms. Dillard has not paid the required initial
partial filing fee for this matter. In fact, Ms. Dillard 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 Ms. Dillard, that this action
be dismissed without prejudice under Rule 41(b) for failure to prosecute. See Wewerka v.
Roper, 431 F. App’x 517, 517 (8th Cir. 2011) (per curiam) (affirming dismissal without
CASE 0:26-cv-00057-KMM-DLM Doc. 5 Filed 02/06/26 Page 1 of 2

2
prejudice pursuant to Rule 41(b) following prisoner’s failure to pay initial partial filing
fee).
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.
Dated: February 6, 2026 _s/Douglas L. Micko____________
DOUGLAS L. MICKO
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-00057-KMM-DLM Doc. 5 Filed 02/06/26 Page 2 of 2