Raper v. Millender

Background

Jeramiah Christopher Raper brought this action against Nate Millender, Darren Haugen, Dr. Shicker, and Centurion Health Care Provider. In an order dated July 23, 2024, the court directed Raper to provide enough financial information to calculate his initial partial filing fee under 28 U.S.C. § 1915(b). The court gave him 21 days—until August 13, 2024—to provide the information and warned that failure to do so could lead to a recommendation that the action be dismissed without prejudice for failure to prosecute.

Reason for the Recommendation

The deadline passed, but Raper did not submit the required financial information. The report also states that he had not communicated with the court about the case since filing it. The court relied on Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff fails to prosecute an action or comply with the court’s rules or orders.

Recommendation and Notice

Magistrate Judge Elizabeth Cowan Wright recommended that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. “Without prejudice” means the recommendation did not state that refiling was barred. The report and recommendation was not an order or judgment of the District Court, so it was not directly appealable to the Eighth Circuit. The notice stated that a party could file specific written objections within 14 days after being served with the report and recommendation, and that responses to objections could be filed within 14 days after service of the objections.