Rankin v. Murdock
- Michael Davis
- 0:25-cv-04586
- U.S. District Court · District of Minnesota
- 2
Rankin v. Murdock: Judge Foster recommends dismissal without prejudice because Rankin neither paid the filing fee nor applied for fee relief.
Roxanne E. Rankin’s case against Katie Murdock; the recommendation would dismiss the action without prejudice if adopted.
What happened
In Roxanne E. Rankin v. Katie Murdock, the Clerk told Rankin to pay the $405 filing fee or apply to proceed without paying it because of financial hardship. The Clerk gave her 15 days to do so.
That deadline passed, and Rankin did neither. She also did not communicate with the court after starting the case, and the court could not contact her or determine where she was located.
Magistrate Judge Dulce J. Foster recommended dismissing the case without prejudice under Rule 41(b) for failure to prosecute. The recommendation was not yet a final court order, and the parties could object within the stated deadline.
The detailed version
- Rankin v. Murdock · No. 0:25-cv-04586
- Michael Davis
- Jan. 9, 2026
Background
The Clerk of Court sent Roxanne E. Rankin a letter dated December 11, 2025, directing her to submit the $405 filing fee or apply for permission to proceed without paying the fee. The letter gave Rankin 15 days to pay or submit the application and warned that the case could be dismissed without prejudice for failure to prosecute.
Court’s Analysis
The deadline passed. Rankin had not paid the filing fee or applied for permission to proceed without paying it. She also had not communicated with the court about the case since starting it. The court stated that it had been unable to contact Rankin or determine where she was located.
Under Rule 41(b) of the Federal Rules of Civil Procedure, a court may dismiss an action when a plaintiff fails to prosecute the case or comply with court rules or a court order. Based on Rankin’s failure to take the required steps or communicate with the court, Magistrate Judge Dulce J. Foster recommended dismissal.
Recommendation and Further Procedure
The Report and Recommendation recommends that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. “Without prejudice” means the recommendation does not bar refiling based solely on this dismissal. The document is not a final order or judgment of the District Court and is not directly appealable to the Eighth Circuit. A party could file specific written objections within 14 days after being served with the recommendation, and a response to objections could be filed within the following 14 days.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.