Bell v. Duluth Prison Camp
- David Schultz
- 0:25-cv-00909
- U.S. District Court · District of Minnesota
- 2
In Bell v. Duluth Prison Camp, Magistrate Judge Schultz recommended dismissing the action without prejudice because Bell did not pay the fee or seek a fee waiver.
Michael Bell and this action. The magistrate judge recommended dismissal without prejudice, but the document is not a final District Court order.
What happened
Bell v. Duluth Prison Camp concerns Michael Bell’s failure to complete the filing-fee requirement after starting the case. The Clerk told Bell to pay the fee or apply to proceed without paying it within 15 days.
That deadline passed, and Bell did neither. He also did not communicate with the court about the case after filing it.
Magistrate Judge David T. Schultz recommended dismissing the action without prejudice under Rule 41(b) for failure to prosecute. The recommendation is not yet a final order; the notice says a party may file written objections within 14 days after being served.
The detailed version
- Bell v. Duluth Prison Camp · No. 0:25-cv-00909
- David Schultz
- Apr. 17, 2025
Background
Michael Bell began this action against Duluth Prison Camp. On March 12, 2025, the Clerk directed Bell to either pay the filing fee or apply for permission to proceed without paying it. Bell had 15 days to do so, and the Clerk warned that the case could be dismissed without prejudice if he did not meet the deadline.
The deadline passed. Bell had not paid the filing fee, submitted an application to proceed without paying it, or communicated with the court about the case since starting it.
Recommendation
The court recommended that the action be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. A dismissal without prejudice generally does not bar refiling, but the opinion does not address any possible refiling requirements or consequences beyond using that term.
Status and objections
This document is a report and recommendation, not a final order or judgment of the District Court. It is not directly appealable to the Eighth Circuit. The notice states that a party may file specific written objections within 14 days after being served with the report and recommendation, and may respond to objections within 14 days after being served with them.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.