Franklin v. Bolin
- Laura Provinzino
- 0:24-cv-03736
- U.S. District Court · District of Minnesota
- 2
In Franklin v. Bolin, Judge Provinzino dismissed the complaint without prejudice for failure to prosecute and denied Franklin’s fee application as moot.
Mark Franklin, Jr.’s complaint was dismissed without prejudice because he did not pay the initial filing fee or communicate further with the court. His application to proceed without prepaying fees or costs was denied as moot; the opinion does not describe any further effect on the defendants.
What happened
In Franklin v. Bolin, Mark Franklin, Jr. brought an action against William Bolin, Jenny Carufel, and Eric Hennen. The case concerned Franklin’s failure to pay the initial filing fee required by a court order.
The magistrate judge ordered Franklin to pay the fee within 21 days and warned that the case could be dismissed if he did not. Franklin did not pay the fee or communicate further with the court, and no party objected to the recommendation to dismiss the case.
Judge Laura M. Provinzino found no clear error, adopted the recommendation in full, and dismissed the complaint without prejudice for failure to prosecute. The judge also denied Franklin’s application to proceed without prepaying fees or costs as moot.
The detailed version
- Franklin v. Bolin · No. 0:24-cv-03736
- Laura M. Provinzino
- Jan. 30, 2025
Background
Mark Franklin, Jr. sued William Bolin, Jenny Carufel, and Eric Hennen. The opinion identifies Bolin as a warden, Carufel as a lieutenant, and Hennen as an assistant warden of administration working out of capacity; the defendants were sued individually in their official capacities.
On December 5, 2024, Magistrate Judge Shannon G. Elkins ordered Franklin to pay an initial filing fee within 21 days. The order warned that failure to pay could lead to a recommendation that the case be dismissed without prejudice for failure to prosecute, meaning failure to move the case forward.
Franklin did not pay the initial filing fee and had no further communication with the court. Magistrate Judge Elkins therefore recommended dismissal under Federal Rule of Civil Procedure 41(b). No party objected to the recommendation.
Court’s review
Because no party objected, the district court reviewed the recommendation for clear error, meaning an obvious mistake. The court concluded that the recommendation was not clearly erroneous.
Ruling
Judge Laura M. Provinzino adopted the Report and Recommendation in full. The court dismissed the complaint without prejudice for failure to prosecute. The court also denied Franklin’s application to proceed in district court without prepaying fees or costs as moot. The order directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.