King v. Bellinger

Background

Arron King, representing himself, filed a complaint alleging that he was forced to do pushups while nude with 16 other inmates and suffered other forms of sexual harassment at Minnesota Correctional Facility-Willow River.

Magistrate Judge John F. Docherty instructed King to pay the required filing fee or apply to proceed without paying it. The magistrate judge also noted that King had failed to take those steps in 12 recently filed lawsuits. The order warned that if King did not comply within 21 days, the case could be recommended for dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b), which allows dismissal when a plaintiff does not move the case forward.

King did not respond. On August 26, 2024, Judge Docherty issued a Report and Recommendation recommending dismissal. King objected, asking the court to excuse his delay and extend the applicable statute of limitations by one year because he had been unable to access legal materials while incarcerated.

Court’s Analysis

Because King objected to the sole basis for the recommendation, the court reviewed that issue independently. The court also interpreted his objection liberally because he was representing himself.

The court identified two problems with the objection. First, it found that King had received ample instructions about how to pay the filing fee or proceed without paying it. Second, it found no basis to extend a statute of limitations prospectively. The court therefore declined to excuse King’s delay.

Ruling

Judge Jerry W. Blackwell overruled King’s objection, accepted the Report and Recommendation, and dismissed King’s complaint without prejudice for failure to prosecute under Rule 41(b). The opinion did not resolve whether the alleged forced nudity or sexual harassment occurred or whether those allegations would support a legal claim.