Henry C. v. O'Malley
- Katherine Menendez
- 0:24-cv-01849
- U.S. District Court · District of Minnesota
- 2
In Henry C. v. O'Malley, Judge Menendez dismissed the action without prejudice for failure to prosecute.
Henry C.'s action against Martin J. O'Malley, Commissioner of the Social Security Administration, was dismissed without prejudice.
What happened
In Henry C. v. O'Malley, the court considered a recommendation to dismiss Henry C.'s case because he had not completed required filing steps.
The court said Henry C. was instructed to pay a $405 filing fee or apply to proceed without paying it, but he did neither. He also had not communicated with the court since filing his complaint.
Judge Menendez accepted the recommendation and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
The detailed version
- Henry C. v. O'Malley · No. 0:24-cv-01849
- Katherine Menendez
- Oct. 1, 2024
Background
Henry C. was instructed to pay a $405.00 filing fee or apply for permission to proceed without paying the fee. He did neither. Magistrate Judge Tony N. Leung therefore recommended dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute, meaning failure to move the case forward.
Henry C. did not object to the report and recommendation, and the deadline for objections had passed. The opinion also states that he had not communicated with the court since filing his complaint.
Court’s Review
Because no objections were filed, the court reviewed the report and recommendation for clear error rather than conducting a fresh review of disputed issues. The court accepted the report and recommendation.
Disposition
The court dismissed the matter without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The order did not decide the underlying Social Security dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.