Bennett v. Minnesota Department of Corrections

Background

On August 20, 2024, the court ordered Plaintiff Cassandra Hope Bennett to pay an initial partial filing fee of at least $57.47. The court gave her 21 days, until September 10, 2024, to pay the fee and stated that failure to do so would lead to a recommendation that the case be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Bennett did not submit the required fee. The opinion does not address the merits of her claims against the Minnesota Department of Corrections or Paul Schnell.

Recommendation

Judge Tony N. Leung recommended that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. A dismissal without prejudice does not bar refiling based on the dismissal itself. The court also recommended denying Bennett’s application to proceed without prepaying fees or costs as moot, meaning the application no longer required a ruling because of the recommended dismissal.

This document is a Report and Recommendation, not an order or judgment of the District Court. The notice states that it is not directly appealable to the U.S. Court of Appeals for the Eighth Circuit and that objections could be filed within 14 days after service.