Rodriguez Morales v. Stenseth

Background

The Clerk of Court notified Juan Eduardo Rodriguez Morales that he had to pay the filing fee or apply to proceed without paying it if he wanted to continue the case. The Clerk gave him 15 days and warned that the case could be dismissed without prejudice if he did neither.

The deadline passed without Rodriguez Morales paying the fee or submitting the application. He also did not communicate with the court at any point. The report further states that another prisoner submitted the habeas petition that began the case on Rodriguez Morales’s behalf. Based on these facts, the report found substantial reason to doubt that Rodriguez Morales intended to prosecute the proceeding at that time.

Recommendation

The magistrate judge recommended dismissal under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. “Without prejudice” means the recommendation would not bar Rodriguez Morales from starting the proceeding again. The report also cautioned that a one-year limitations period applies to his habeas claims.

Status and Objections

The document is a report and recommendation, not a final order or judgment of the District Court, so it was not directly appealable to the U.S. Court of Appeals for the Eighth Circuit. The parties could file specific written objections within 14 days after being served with the report, and a party could respond to objections within another 14 days.