Gallegos v. Rardin

Background

Alexander Gallegos filed this action but did not submit either the filing fee or an application to proceed without paying the fee. On August 29, 2024, the clerk sent Gallegos a letter that included a template application and gave him 15 days—until September 13, 2024—to provide the fee or application. The letter warned that the case could be dismissed without prejudice if he did not do so.

Court’s Analysis

The deadline passed without Gallegos submitting the filing fee or the application. The report and recommendation also states that he had not communicated with the court about the action since filing it. Based on those facts, the court recommended dismissal for failure to prosecute. Failure to prosecute means not moving a case forward or complying with required case procedures. The recommendation relied on Federal Rule of Civil Procedure 41(b), which allows a court to dismiss an action for failure to prosecute or failure to comply with court rules or an order.

Recommendation and Notice

Judge Tony N. Leung recommended that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. “Without prejudice” means the recommendation did not bar refiling based on the dismissal itself. The document states that it was a report and recommendation, not a final order or judgment, and therefore was not directly appealable to the U.S. Court of Appeals for the Eighth Circuit. It gave the parties 14 days after service to file specific written objections, with an opportunity to respond to any objections.