Abdikarim v. Megastorage Fargo Moorhead
- Laura Provinzino
- 0:24-cv-03673
- U.S. District Court · District of Minnesota
- 2
In Abdikarim v. Megastorage, Judge Provinzino dismissed Abdikarim’s complaint without prejudice for failure to prosecute after he did not pay the filing fee.
Zakariya Abdikarim, whose complaint against Megastorage Fargo Moorhead was dismissed without prejudice. The opinion does not decide the underlying claims.
What happened
In Abdikarim v. Megastorage Fargo Moorhead, Zakariya Abdikarim filed a complaint and asked to proceed without paying court fees. The court denied that request and told him to pay the filing fee by November 4, 2024.
Abdikarim did not pay by the deadline and did not communicate with the court after filing his complaint. A magistrate judge recommended dismissing the complaint for failure to prosecute, and neither party objected.
Judge Laura M. Provinzino found no clear error, adopted the recommendation in full, and dismissed Abdikarim’s complaint without prejudice under Federal Rule of Civil Procedure 41(b). The court did not decide the underlying claims.
The detailed version
- Abdikarim v. Megastorage Fargo Moorhead · No. 0:24-cv-03673
- Laura M. Provinzino
- Jan. 2, 2025
Background
Zakariya Abdikarim filed his complaint on September 16, 2024, along with an application to proceed without prepaying fees or costs. United States Magistrate Judge Leo I. Brisbois denied that application on October 2, 2024. He notified Abdikarim that the complaint would be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b) if Abdikarim did not pay the filing fee by November 4, 2024.
Abdikarim did not pay the filing fee before the deadline and had not communicated with the court since filing the complaint. Magistrate Judge Brisbois therefore issued a Report and Recommendation recommending dismissal without prejudice for failure to prosecute.
Court’s Review
Neither party objected to the Report and Recommendation. The court therefore reviewed it for clear error. The court found no error and adopted the recommendation in full.
Disposition
The court dismissed Abdikarim’s complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order did not decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.