Jenni v. Hubbard County Sherriff's Office
- Laura Provinzino
- 0:24-cv-03763
- U.S. District Court · District of Minnesota
- 2
In Jenni v. Hubbard County Sherriff’s Office, Judge Provinzino dismissed the complaint without prejudice for failure to prosecute.
Mark Jenni’s complaint was dismissed without prejudice. The court did not decide the underlying claims against Hubbard County Sherriff’s Office.
What happened
In Jenni v. Hubbard County Sherriff’s Office, Mark Jenni filed a complaint and asked to proceed without paying the filing fee upfront. The magistrate judge denied that request and told Jenni to pay the fee within 30 days or face dismissal.
Jenni did not pay the fee by the deadline and did not communicate with the court after the recommendation to dismiss was issued. Neither party objected to the recommendation.
Judge Laura M. Provinzino found no clear error, adopted the recommendation in full, and dismissed Jenni’s complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- Jenni v. Hubbard County Sherriff's Office · No. 0:24-cv-03763
- Laura M. Provinzino
- Jan. 3, 2025
Background
Mark Jenni filed a complaint on September 27, 2024, along with an application to proceed without prepaying filing fees. On October 10, 2024, Magistrate Judge Leo I. Brisbois denied the application. He notified Jenni that the complaint would be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b) if Jenni did not pay the filing fee within 30 days.
Jenni did not pay the filing fee before the deadline. He also had not communicated with the court after the magistrate judge issued the Report and Recommendation recommending dismissal.
Review of the Recommendation
Neither party objected to the Report and Recommendation. Because there were no objections, the court reviewed it for clear error, meaning it looked for an obvious mistake. The court found no error and adopted the recommendation in full.
Ruling
Judge Laura M. Provinzino ordered that Jenni’s complaint be dismissed without prejudice for failure to prosecute under Rule 41(b). The court also ordered entry of judgment. The opinion did not decide the underlying claims in the complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.