Jones v. Segal
- Katherine Menendez
- 0:24-cv-03671
- U.S. District Court · District of Minnesota
- 2
In Jones v. Segal, Judge Katherine Menendez’s case was recommended for dismissal without prejudice by Magistrate Judge Tony N. Leung after Jones failed to pay or seek fee relief.
Vontia Jones, whose action was recommended for dismissal without prejudice because she did not pay the filing fee, apply to proceed without paying it, or communicate with the court.
What happened
In Jones v. Segal, the Clerk told Vontia Jones to either pay the filing fee or apply to proceed without paying it. The Clerk warned that failing to do so by October 1, 2024, could lead to dismissal without prejudice.
Jones did neither and did not communicate with the court after starting the case. Magistrate Judge Tony N. Leung therefore recommended dismissing the action without prejudice under Rule 41(b) for failure to prosecute, meaning failure to move the case forward or follow a court requirement.
The document is a recommendation, not a final order or judgment. Judge Katherine Menendez is identified in the case information, while Magistrate Judge Tony N. Leung signed the recommendation. The notice states that Jones could file specific written objections within 14 days after being served.
The detailed version
- Jones v. Segal · No. 0:24-cv-03671
- Katherine Menendez
- Oct. 21, 2024
Background
The Clerk directed Vontia Jones to pay the filing fee or apply for permission to proceed without paying it. The Clerk set an October 1, 2024 deadline and warned that the action could be dismissed without prejudice if Jones did not meet it.
Court’s Analysis
The deadline passed. Jones had not paid the filing fee, submitted an application to proceed without paying the fee, or communicated with the court since commencing the action. The recommendation relied on Rule 41(b) of the Federal Rules of Civil Procedure, which permits dismissal for failure to prosecute or failure to comply with the court’s rules or an order.
Recommended Disposition
The report recommends that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. “Without prejudice” means the recommendation does not state that refiling is barred. This document is a Report and Recommendation rather than a final order or judgment. Magistrate Judge Tony N. Leung signed it; the supplied case information identifies Katherine Menendez as the judge.
Objections and Appeal Notice
The notice states that the Report and Recommendation is not directly appealable to the U.S. Court of Appeals for the Eighth Circuit. It says a party may file and serve specific written objections within 14 days after being served with the recommendation, and that a response to objections may be filed within 14 days after service of the objections.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.