Abdikarim v. Galewski
- Leo Brisbois
- 0:24-cv-03483
- U.S. District Court · District of Minnesota
- 2
In Abdikarim v. Galewski, Magistrate Judge Brisbois recommended dismissing the action without prejudice because Abdikarim did not pay the required filing fee.
The recommendation concerns Zakariya Abdikarim’s action against Christina M. Galewski and Marie Elberon. It recommended ending the action without prejudice because Abdikarim did not pay the required filing fee; the opinion does not state that the district court had adopted the recommendation.
What happened
Abdikarim v. Galewski concerns Zakariya Abdikarim’s failure to pay the filing fee after the court denied his request to proceed without paying it upfront. The court required a $405 fee and set an October 9, 2024 deadline.
Abdikarim did not pay the fee by that deadline. The magistrate judge therefore recommended ending the case under a court rule that permits dismissal when a plaintiff fails to prosecute the case or follow a court order.
Magistrate Judge Leo I. Brisbois recommended dismissing the action without prejudice for failure to prosecute. The recommendation was not yet a final district court order; the parties could file written objections within 14 days after receiving it.
The detailed version
- Abdikarim v. Galewski · No. 0:24-cv-03483
- Leo Brisbois
- Oct. 17, 2024
Background
The court previously denied Zakariya Abdikarim’s application to proceed without paying the filing fee upfront. In an order dated September 9, 2024, the court directed him to pay the $405 filing fee by October 9, 2024. That order warned that failure to pay could lead to a recommendation that the action be dismissed without prejudice for failure to prosecute.
Recommendation
The deadline passed, and Abdikarim had not paid the filing fee. Applying Federal Rule of Civil Procedure 41(b), the court recommended dismissing the action without prejudice for failure to prosecute. A dismissal without prejudice does not itself bar a later filing, although the opinion does not address any requirements that might apply to a later action.
Procedural status
This document is a magistrate judge’s Report and Recommendation, not a final district court order or judgment. It states that it was not directly appealable to the Court of Appeals. A party could file specific written objections within 14 days after being served with the recommendation, and a response to objections could be filed within the following 14 days.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.