Hughes v. FCI Waseca
- Eric Tostrud
- 0:24-cv-03045
- U.S. District Court · District of Minnesota
In Hughes v. FCI Waseca, Judge Tostrud’s case was recommended for dismissal without prejudice after Hughes failed to provide required prison-account records.
Lerin Hughes’s action was recommended for dismissal without prejudice. The recommendation did not decide the underlying claims against FCI Waseca or the other named defendants.
What happened
In Hughes v. FCI Waseca, Lerin Hughes was ordered to provide certified records from her prison trust account so the court could calculate an initial partial filing fee. The court gave her 21 days and warned that failing to provide the records could lead to dismissal.
The deadline passed, and Hughes had not submitted the records or otherwise communicated with the court since starting the case. The recommendation therefore treated her failure as failure to prosecute, meaning failure to move the case forward or follow a court order.
Magistrate Judge John F. Docherty recommended that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b). The report and recommendation was not itself an appealable order or judgment; the parties could file written objections within 14 days.
The detailed version
- Hughes v. FCI Waseca · No. 0:24-cv-03045
- Eric Tostrud
- Sept. 4, 2024
Background
The court had previously ordered Lerin Hughes to submit certified documentation from her prison trust account showing the account’s average deposits and balance during the preceding six months. The documentation was needed to calculate the initial partial filing fee required under 28 U.S.C. § 1915(b). Hughes was given 21 days to provide it and was warned that failing to do so could result in a recommendation that the action be dismissed without prejudice for failure to prosecute.
The deadline expired. Hughes did not submit the required documentation and had not communicated with the court about the case since filing it.
Recommendation
The court recommended dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Failure to prosecute means failing to move a case forward or comply with court requirements. The recommended dismissal was without prejudice, meaning the recommendation did not bar refiling based on the dismissal itself.
The Report and Recommendation was signed by United States Magistrate Judge John F. Docherty. The supplied case metadata identifies Eric Tostrud as the judge.
Notice and Procedural Status
The document states that it was a Report and Recommendation, not an order or judgment of the District Court, and therefore was not directly appealable to the United States Court of Appeals for the Eighth Circuit. A party could file specific written objections within 14 days after being served with the Report and Recommendation. A response to objections could be filed within 14 days after service of the objections.
Read the full opinion on CourtListener, the free public archive maintained by the Free Law Project.