0:26-cv-00936•Lowe v. Schnell et al
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael-Carlton Lowe, Plaintiff, v. Paul Schnell and Karly Jorgensen, Defendants. Case No. 26-cv-936 (NEB/LIB) REPORT AND RECOMMENDATION Pursuant to a general assignment made in accordance with 28 U.S.C. § 636, this matter comes before the undersigned United States Magistrate Judge upon review of Plaintiff’s Complaint, [Docket No. 1]. On February 13, 2026, this Court entered an order assessing Plaintiff Michael-Carlton Lowe an initial partial filing fee of $66.47. (See Order [Docket No. 4]). The Order warned Plaintiff that if he did not pay this fee within thirty days of the Order’s date (that is, by March 15, 2026), this Court would recommend dismissing this matter without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). That deadline has passed, and Plaintiff has not submitted the initial partial filing fee. Indeed, he has not communicated at all with the Court since filing this action. 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-00936-NEB-LIB Doc. 5 Filed 03/23/26 Page 1 of 2
2 Therefore, based on the foregoing, and on all of 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 23, 2026 s/Leo I. Brisbois Hon. Leo I. Brisbois 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-00936-NEB-LIB Doc. 5 Filed 03/23/26 Page 2 of 2
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